06/06/2006 - City Council Regular
AGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
June 6, 2006
6:30 P.M.
1. ROLL CALL & PLEDGE OF ALLEGIANCE
Il. ADOPT AGENDA (At approximately 8:00p.m. the Council will take a short recess)
III. RECOGNITIONS & PRESENTATIONS
IV. CONSENT AGENDA
"2. A. APPROVE MINUTES
P. 13 B. PERSONNEL ITEMS
C. APPROVE CHECK REGISTERS
" D. APPROVE Parade Permit for Eagan Lions / July 4`h Funfest to hold a parade on July 4, 2006
P-W E. APPROVE a Shows License for the Eagan Lions / July 4`h Funfest to hold a carnival, street dance, food vendors and
fireworks event on July 3 - 4, 2006
P• " ( F. APPROVE an Amusement Device License for Namco Cybertainment, Inc. to locate amusement devices at Regal
Theater, 2055 Cliff Road
P. 32. G. APPROVE Classification of Tax Forfeited Property
p. 3(0 H. APPROVE Off-Sate Liquor License for Black Diamond Liquor, LLC, dba Black Diamond Liquor, 525 Diffley
Road, Suite 1030
I. APPROVE temporary 3.2 percent Malt Liquor License for Eagan Lions Club for Fourth of July celebration, July 3-4
}r'~ J. APPROVE temporary On-Sale Liquor License for Faithful Shepherd Catholic School and waive $150 fee
.4 fo K. APPROVE resolution establishing a new polling place for Precinct 5
L. APPROVE the hiring of Orfeld Laboratories to conduct the second phase of the airport noise study.
~ M. ADOPT 5-year Capital Improvement Plan (Public Works Infrastructure)
pt j N. APPROVE Agreement with Dakota County for Project 934 (Galaxie Ave/Blackhawk Road & Cliff Road -
" Intersection Reconfiguration)
p.g?j O. AUTHORIZE the Preparation of Final Plans & Specifications by SRF Consulting Group, Inc., for Project 768
? (Northwood Parkway - Bridge & Street Improvements)
P.S`? P. AUTHORIZE Negotiations for Acquisition of Property, Right-of-Way Map (Outlot A, Yankee Plaza)
P.Sf~ Q. APPROVE Change Order No. 2, Contract 06-02 (Drain tile on Denmark Avenue - City-Wide Street Improvements)
P 6(w R. APPROVE the appointment of current Airport Relations Commission (ARC) Alternate Steve Beseke to a one-year
term on the ARC to a fill a vacancy resulting from a resignation on the Commission
P. 51 S. RECEIVE Easement Vacation Petition and Schedule Public Hearing (July 6, 2006) for Outlot A, Eagan Woods
~j~ Office Park
p. fA~/t . APPROVE Comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendments for
properties near Hwy 3.
V. 2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT
VI. PUBLIC HEARINGS
A. SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT - Resolutions establishing a plan for
J~ Southeast Eagan Redevelopment Project Area No. 1 and establishing Southeast Eagan Tax Increment Financing
(Renewal and Renovation) Plan for District No.I and adopting a tax increment financing plan and district.
B. VARIANCE - Todd Johnson - A Variance request of 1.26% to the required 20% maximum lot coverage in an R-1
(Residential Single Family) Zoning District located at 4387 Bent Tree Lane in the NE 1/4 of Section 25.
P C. VARIANCE - Ann Vaynerman - A Variance request of 2.5% to the required 20% maximum lot coverage in an R-1
(Residential Single Family) Zoning District located at 1566 Lakeview Curve in the SE 'A of Section 16.
n ~C)) D. ENVIRONMENTAL ASSESSMENT HEARING for Project 778, Highway 149 Upgrade
rn~ O~ E. PROJECT 938, Nicols Road, Pin Oak Drive to Cliff Road - Sidewalk Improvements.
1 ~
VII. OLD BUSINESS
P 'Zg A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING - Kenneally Addition -City of Eagan -A
1 Comprehensive Guide Plan Amendment from Low Density (LD) to High Density (HD) and a Rezoning from
Residential Single (R-1) to Residential Multiple (R-4) located at 2115 Silverbell Road on Outlot A in the SW '/4 of
Section 18.
F'416- B. REPORT regarding resolution of Blackhawk Road - Raptor Road trail easement.
141 C. AMENDMENTS to Winter Trail Maintenance Program ('06-'07)
VIII. NEW BUSINESS
I y S A. CONDITIONAL USE PERMIT - Moe's Southwest Grill - A Conditional Use Permit to allow on-sale beer and
wine located at 1282A Town Centre Drive on Lot 2, Block 1, Town Centre 70 2nd Addition in the NW '/4 of Section
15.
P.151 B. ON-SALE WINE, SUNDAY WINE AND 3.2 PERCENT MALT LIQUOR LICENSE - BA-OCK, Inc., dba Moe's
Southwest Grill, 1282A Town Centre Drive
P. 1g e C. PLANNED DEVELOPMENT AMENDMENT - Viva Italia - A Planned Development Amendment to allow a patio
with 10 additional tables located at 1629 Lena Court on Lot 1, Block 1, Centennial Ridge 2nd Addition in the NW '/4
of Section 28.
18 l D. CONDITIONAL USE PERMIT -Shawnee Associates - A Conditional Use Permit to allow outside storage of
I material in transit located at 1904 Shawnee Road on Lot 4, Block 2, Cedar Industrial Park in the SW '/4 of Section
17.
E. PRELIMINARY SUBDIVISION - Larson Properties - Eagandale Industrial Park No. 19 - A Preliminary
Subdivision of 3.79 acres to create 2 lots located at 3000 Denmark Avenue on Lot 1, Block 2, Eagandale Center
Industrial Park No. 9 in the NE 1/4 of Section 10.
IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
X. ECONOMIC DEVELOPMENT AUTHORITY
The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA )
may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council.
A. CALL TO ORDER - There are no regular business items to come before the EDA at this time. The EDA
will be asked to hold an executive session to discuss negotiations for the possible acquisitions of the Lyn
Nelson property at 3912-3914 Cedarvale Drive and the All American Recreation property at 3820 Sibley
Memorial Highway. The EDA will adjourn its meeting at the close of the executive session.
B. CALL TO ORDER
C. ADOPT AGENDA
D. APPROVE MINUTES
E. OLD BUSINESS
F. NEW BUSINESS
G. OTHER BUSINESS
XI. ADMINISTRATIVE AGENDA
XII. VISITORS TO BE HEARD (for those persons not on agenda)
XIII. CLOSED SESSION
XIV. XIII. ADJOURNMENT
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96
hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
401~ City of Eakan In
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JUNE 1, 2006
SUBJECT: AGENDA INFORMATION FOR JUNE 6, 2006 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the June 6, 2006 City Council agenda, the following items are in order
for consideration.
1
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the May 9, 2006 Special City Council meeting and the May 16, 2006
regular City Council meeting as presented or modified.
ATTACHMENTS:
• Minutes of the May 9, 2006 Special City Council meeting are enclosed on pages
through 5 .
• Minutes of the May 16, 2006 regular City Council meeting are enclosed on pages
through /2.
MINUTES
SPECIAL CITY COUNCIL MEETING
MAY 9, 2006
5:30 P.M.
EAGAN ROOM - EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire,
and Tilley.
City staff present: City Administrator Hedges, Director of Administrative Services
VanOverbeke, Public Works Director Colbert, Superintendent of Streets & Equipment Struve, City
Engineer Matthys, and Superintendent of Utilities Schwartz.
1. ROLL CALL AND AGENDA ADOPTION
Mayor Geagan called the meeting to order. Councilmember Maguire moved;
Councilmember Tilley seconded a motion to adopt the agenda.
Aye: 5; Nay: 0
II. CITIZEN REQUEST RE: STORM DRAINAGE IMPROVEMENTS
City Administrator Hedges introduced this item providing the background to flooding at
3865 North Ridge Drive related to the October 4, 2005 rainfall event. Public Works Director
Colbert provided additional background and explained the process by which an
investigation/evaluation of the flooding was undertaken. He further explained that the review was
based on the same criteria as the investigation of the July 2000 Super Storm flooding and the
resulting mitigation projects. Director Colbert reviewed possible improvements in the area of 3865
North Ridge Drive that according to modeling activities would significantly reduce the probability
of similar flooding at this location resulting from future rainfall events. The property owners
reviewed this flooding occurrence and other similar problems and expressed their desire for a
solution to the problem. After discussion concerning potential construction impact upon neighbors,
the City Council provided direction to staff to proceed with future investigation of options 2 and 3
(differing only in alignment) to construct an additional separate and secondary parallel pipe
dedicated to drain just the backyard area of 3865 North Ridge Drive to Pond JP-20.2 with no
interconnection to the existing drainage system. Director Colbert outlined a process to meet with
the affected property owners to explain the options and impacts, and to determine the option with
the least impact. The conclusion as to which option is preferable will be brought back to the City
Council for formal authorization to undertake the construction.
Mayor Geagan excused himself from the meeting to greet the new Commission members at
their orientation meeting.
3
III. CONSIDER WINTER TRAIL MAINTENANCE REQUESTS
Acting Mayor Carlson asked Director Colbert to proceed with discussion on the Winter Trail
Maintenance Requests and he provided background on the implementation and operation of the
program. Director Colbert explained that there were four requests for changes to the maintenance
program for the upcoming winter plowing season. The first was a citizen request for additional
plowing on Pilot Knob Road, expanding the plowing to both sides of that road between
approximately Wilderness Run Road and Balsam Street. After discussion about the significant
traffic in certain areas of the City and the difficulty for pedestrians to cross certain County Roads,
the City Council directed staff to review the cost of adding the plowing on the west side of Pilot
Knob Road from Cliff Road to Lone Oak Road and on the north side of Yankee Doodle Road for
the total distance between Coachman Road and Elrene Road. Staff was directed to review the
projected costs of plowing those additional segments and to bring the information back to the City
Council at the 1 st meeting in June. Consideration for this additional plowing will be given as a
specific directive for these trail segments and does not result from a redefinition or expansion to the
criteria currently included in the Winter Trail Maintenance Policy.
The second citizen request for additional plowing was to plow the sidewalk on the south side of
Oakbrook Terrace between Johnny Cake Ridge Road and the beginning of the school property to
the east. This request meets the criteria for a local school walking route and was given tentative
approval by the City Council.
The third request was a business request to consider adding the newly constructed segments of trail
along the west side of Lone Oak Drive from Lone Oak Road to Lone Oak Parkway, and the trail on
the south/east side of Lone Oak Parkway from Lone Oak Drive to Northwest Parkway, and to add
two segments of currently existing sidewalks on the south side of Lone Oak Parkway from TH 149
to Lone Oak Drive and on the north side of Northwest Parkway from TH 149 to Lone Oak Parkway.
These segments meet the criteria for plowing along community collectors and were given tentative
approval by the City Council.
The final request was to consider adding the newly constructed sidewalk on the west side of
Denmark Avenue from Wescott Road to Duckwood Drive. This segment also meets the criteria for
plowing along community collectors and was given tentative approval by the City Council.
Request 1 is to come back to the City Council for additional consideration on June 6, 2006 and
requests 2, 3, and 4 are to come back to the same meeting for official action.
The City Council recessed briefly.
IV. PUBLIC WORKS CAPITAL IMPROVEMENTS PLAN (CIP)
City Administrator Hedges introduced this item and provided background on the City's
Capital Improvement Program and the nature of the Part III Public Works Infrastructure
programming. Public Works Director Colbert provided additional background pointing out the
significant cost increases to the construction of the infrastructure, especially streets resulting from
increasing oil prices and the increasing cost of right of way acquisition. Director Colbert also noted
4
that this is the first proposed CIP in which the projected Major Street Fund projects are not fully
funded over the five year period, a situation that will be addressed in future years as costs, funding,
and priorities are further refined. The City Council suggested additional consideration of financing
after the State Legislature adjourns and Director Colbert suggested incorporating more detailed
financing plans with the Draft Transportation Plan being completed this summer. The City Council
directed this item to come before the whole Council at a workshop rather than going to the Finance
Committee.
Director Colbert explained the more significant projects incorporated into the 2007 - 2011CIP
which were highlighted in the introductory memo to the draft document. The City Council
expressed a desire to move the Yankee Doodle at Promenade intersection signal up to 2008 from
2009. Director Colbert noted the required coordination between this project and the programmed
2009 upgrade to Yankee Doodle between Promenade and Lexington Avenue and potential access
changes.
After discussion about numerous other projects the City Council directed that the item be placed on
the June 6, 2006 Consent Agenda for formal adoption including the incorporation of the one
change.
V. OTHER BUSINESS
There was no other business for discussion.
VI. VISITORS TO BE HEARD
There were no visitors wishing to be heard.
VII. ADJOURNMENT
Councilmember Maguire moved; Councilmember Fields seconded a motion to adjourn at
7:32 p.m.
Aye: 5; Nay: 0
5
MINUTES OF A REGULAR MEETING OF THE DRAFT
EAGAN CITY COUNCIL
Eagan, Minnesota
May 16, 2006
A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present
were Mayor Geagan, Councilmembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to
be heard.
A regular meeting of the Eagan City Council was held on May 16, 2006 at 6:30 p.m. at the Eagan Municipal Center.
Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City
Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public
Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira
Pepper.
AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented.
Aye:5 Nay:0
RECOGNITIONS AND PRESENTATIONS
Jerry Walerak, outgoing Chair of the Gun Club Lake Watershed Management Organization gave a presentation
regarding the donation of an interpretive sign by the Gun Club Lake Watershed Management Organization about the
Moonshine Park Shoreland Habitat Project.
Outgoing Advisory Commission members were recognized for their years of service as follows:
Carla Heyl - 9 years (3 previous years) = 12 years on APC
Ted Gladhill - 4 years on APC
Duey Bendt - 5 years on APC
Jenifer Matthees - 2 years on APC
Terry Davis - 9 years on APrC
Nathan Krahn - 3 years on ARC
Daniel Flanagan - 3 years on ARC
Stephen Nierengarten - 3 years on ARC
Valerie Dosland - 2 years on ARC
Jerry Walerak - 3 years on WMO
CONSENT AGENDA
It was noted that item M was removed from the consent agenda due to previous approval.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the balance of the consent
agenda as presented. Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the May 2, 2006 regular City Council meeting, the
April 24, 2006 Special City Council meeting, the April 25, 2006 special City Council meeting and the April
24 joint meeting with the Burnsville City Council as presented.
B. Personnel Items.
1. Pulled for discussion. Letter of resignation from Chief of Police Kent Therkelsen.
2. It was recommended to approve the hiring of Paul Bailey as a Water Production Worker I the
Utilities Department.
3. It was recommended to approve the hiring of Mike Walerak as a seasonal water resources
assistant.
4. It was recommended to approve the hiring of Brandon Barnes, Luke Birkholz and John Tweet as
seasonal engineering aides/interns.
(40
DRAFT
Eagan City Council Meeting Minutes
May 16, 2006
Page 2
5. It was recommended to approve the hiring of Alyssa Grogan, Dan Grounds and Jill Strehle as part-
time concessions/building attendants at the Community Center.
C. Check Registers. It was recommended to ratify the check registers dated May 4, 2006 and May 11, 2006
as presented.
D. Resignation. It was recommended to accept the resignation of Daniel Flanagan From the Eagan Airport
Relations Commission.
E. Resolution. It was recommended to adopt a resolution to participate in Dakota County Hazard mitigation 06-16
Planning Process.
F. Equipment Budget. It was recommended to approve amendments to the 2006 Equipment Revolving Fund
Budget.
G. General Facilities Renewal and Replacement Budget. It was recommended to approve an amendment to the
General Facilities Renewal and Replacement Budget and approve change order #1 to contract 06-03, City-
wide street improvements (Fire Station #5 - reconstruction) and authorize the Mayor and City Clerk to
execute all related documents.
H. Proclamation. It was recommended to proclaim June, 2006 as Eagan Lakes Appreciation Month and 06-17
authorize the Mayor and City Clerk to execute all related documents.
1. Project 768. It was recommended to approve a federal funding agreement for preliminary engineering for
Project 768 (Northwood Parkway - Ring Road Extension - Bridge and Street Improvements) with the
Minnesota Department of Transportation (MN/DOT) and authorize the Mayor and Deputy City Clerk to
execute all related documents.
J. Contract 06-07. It was recommended to approve the plans and specifications for Contract 06-07 (Cityside
Sanitary Sewer Lining Improvements) and authorize the advertisement for a bid opening to be held at 11:00
a.m. on Thursday, June 8, 2006 at the City Utility Building.
K. Inspection Services Agreement. It was recommended to approve a Blanket Partnership Agreement with the
Minnesota Department of Transportation (MnDOT) and authorize designated City Staff to execute work
orders for requested engineering services.
L. Project 939. It was recommended to approve an agreement with Dakota County and Inver Grove Heights to
conduct a Traffic Demand Model Study for the County Road 63 corridor, and authorize the Mayor and City
Clerk to execute all related documents.
M. OWEST Land Lease Agreements. It was recommended to approve new land lease agreements with Qwest
for their current telecommunications switching buildings and authorize the Mayor and City Clerk to execute
all related documents.
N. Contract 06-03. It was recommended to approve Change Order No. 2 (misc. street repair) to Contract 06-
03 (Citywide - Street Improvements) and authorize the Mayor and City Clerk to execute all related
documents.
0. Comments - Rosemount Comprehensive Guide Plan Amendments. It was recommended to approve
comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for properties
located on Highway 3.
P. Contract - Miniature Golf Course. It was recommended to award the contract to Harris Miniature Golf
Courses, Inc. In the amount of $158,419 for the construction of Captain's Course, a nine-hole miniature golf
course within Cascade Bay and authorize the Mayor to sign all appropriate documents.
Q. RFP - Security Officer Services. It was recommended to authorize the advertisement of requests for
proposals to provide security officer services for events serving alcohol at the Eagan Community Center.
R. Amendment to Contract. It was recommended to authorize an amendment to the exclusive beverage
contract that covers the Eagan Community Center to allow for events that may carry over to other city
facilities as defined and approved by the City Council.
S. Hazmat Trailer. It was recommended to declare the fire department hazmat trailer surplus and authorize the
sale of this trailer to the Dakota County Special Operation Team for the amount of $3,500.
T. Energy Conservation Measure Report. It was recommended to receive the Energy Conservation Measure
Report for the Eagan Community Center prepared by Harris Companies and recommend conservation
measures.
U. Exempt Permit. It was recommended to approve an Exempt Permit for Experimental Aircraft Association, 06-18
Chapter 25, to hold a raffle on October 8, 2006 at Eagan Community Center.
V. On-Sale Liquor License. It was recommended to approve a change in management on the on-sale liquor
license for Joe Senser's of Eagan, Inc., dba Joe Senser's Sports Bar & Grill.
Eagan City Council Meeting Minutes
May 16, 2006 L)RA I T
Page 3
W. Off-Sale Liquor License. It was recommended to approve the off-sale liquor icense for CJ of Eagan LLC,
dba Comers Liquors, 3090 Courthouse Lane.
X. Contract 05-10. It was recommended to approve the final payment for Contract 05-10 (Pond AP-9-Storm
Sewer Improvements) in the amount of $1,827.25 to G.L. Contracting, Inc., and accept the improvements
for perpetual City maintenance subject to warranty provisions.
Y. Award of Contract. It was recommended to award the contract to Hoisington Koegler Group in the amount
of $43,000 for the preparation of the Patrick Eagan Park Master Plan and authorize the Mayor to sign all
appropriate documents.
Personnel Item: A. Chief of Police Therkelsen was recognized for his years of service, with the announcement of
his new position as Executive Director of the Dakota County Communications Center.
Councilmember Fields moved, Councilmember Maguire seconded a motion to accept the resignation of Kent
Therkelsen. Aye:5 Nay:0
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the remainder of the
personnel items.
Y. Patrick Eagan Park Master Plan. Councilmember Tilley suggested that members of the Friends of Patrick
Eagan Park be consulted in regard to the master plan. Staff indicated that various interest groups, including
Friends of the Patrick Eagan Park, will be asked for input by the consultant HKG.
Councilmember Tilley moved, Mayor Geagan seconded a motion to award the contract to Hoisington Koegler Group
in the amount of $43,000 for the preparation of the Patrick Eagan Park Master Plan and authorize the Mayor to sign
all appropriate documents. Aye: 5 Nay: 0
PUBLIC HEARINGS
VARIANCE - SCOTT AND KRISTIN SEACRIST
City Administrator Hedges introduced this item regarding a request for a 5-foot Variance to the required 30 foot
front yard setback at 1238 Carlson Lake Lane for the purpose of reconstructing a deck. City Planner Ridley gave a
staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a 5-foot Variance to the
required 30 foot front yard setback for Lot 7, Block 3, Wilderness Park Addition at 1238 Carlson Lane for the
purpose of reconstructing a deck subject to the following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the council. Such extension
shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith
attempt to complete or utilize the use permitted in the variance.
2. A building permit for the deck must be obtained before any construction work may begin.
3. The deck shall not exceed the proposed size of 5' x 18' and shall not encroach any further that 5 feet
into the front yard setback.
OLD BUSINESS
There was no old business.
8
Eagan City Council Meeting Minutes
May 16, 2006
Page 4
NEW BUSINESS
BLACKHAWK ROAD / GALAXIE AVENUE
NO PARKING
City Administrator Hedges introduced this item regarding state aid standards that require the prohibition of parking
on all state aid designated roadways, which now includes Blackhawk Road / Galaxie Avenue. Public Works
Director Colbert gave a staff report.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a resolution to prohibit 06-19
parking on the east and west sides of Galaxie Avenue between Plaza Drive and Cliff Road (CSHA 32), and on the
east and west sides of Blackhawk Road between Cliff Road (CSAH 32) and Beecher Drive, and authorize the Mayor
and Deputy City Clerk to execute all related documents. Aye: 5 Nay: 0
COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, AND PRELIMINARY SUBDIVISION -
OAK HILLS CHURCH
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment changing the
land use designation from Quasi-Public to Low Density Residential on approximately 0.94 acres, a rezoning from
Public Facilities to Single Family Residential, and a preliminary subdivision to create two lots located at 1570
Yankee Doodle Road. City Planner Ridley gave a staff report.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Comprehensive Guide Plan
amendment changing the land use designation from QP (Quasi-Pubic) to LD (Low Density) approximately 0.94
acres to create two single-family lots located at the southwest corner of the property at 1570 Yankee Doodle Road
(east of Coachman Road opposite the entrance to the City Maintenance Facility) in the NW '/4 of Section 16.
Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Rezoning of 0.94 acres from
PF, Public Facilities to R-1, Single-Family Residential, located at the southwest corner of the property at 1570
Yankee Doodle Road (east of Coachman Road) in the NW '/4 of Section 16. Aye: 5 Nay: 0
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to
create two lots upon 0.94 acres located at the southwest corner of the property at 1570 Yankee Doodle Road (east of
Coachman Road) in the NW '/4 of Section 16, subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 2, 1993: A1, B1, B4, C1, D1, and E1.
2. The property shall be platted.
3. The developer shall construct the sanitary sewer services to Lots 1 and 2 using trenchless technology,
without disturbing the paved surface of Coachman Road.
4. The developer shall provide the trail easement necessary to construct the trail segment along the east
side of Coachman Road north of the existing entrance to the church on Lot 1, Block 1 Oak Hills
Church Addition, in a form acceptable to the City Attorney.
5. The developer shall be responsible for construction of the trail along the east side of Coachman Road
adjacent to this development (Oak Hills Church 2nd Addition).
6. This development shall dedicate drainage and utility easements to an elevation three feet above the
calculated 100-year storm event elevation of Pond CP-1 (to elevation 835.2).
7. Individual Lot Tree Preservation Plan shall be submitted at the time of building permit application for
Lots 1 and 2, Block 1.
8. A cash dedication in lieu of on-site water quality ponding should be required for this development.
9. This development shall be responsible for cash park and trails dedications, payable at the time of final
plat at the rates then in effect.
DRAFT
Eagan City Council Meeting Minutes
May 16, 2006
Page 5
PRELIMINARY PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION
CSM (WATERS ANNEX)
City Administrator Hedges introduced this item regarding a Preliminary Planned Development for one office
building and three office / warehouse buildings; and a Preliminary Subdivision to create four lots upon
approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway. City Planner Ridley gave a staff
report.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned
Development for one office building and three office/warehouse buildings upon approximately 42.5 acres legally
described as Lots I and 2, Block 1, Silicon Graphics I` Addition, located east of Lone Oak Drive and Lone Oak
Parkway in the SW of Section 1, subject to the following conditions: Aye: 5 Nay: 0
1. A Preliminary Planned Development Agreement shall be executed and recorded with the Dakota
County Recorder's office. The following plans are required for the Preliminary Planned Development
Agreement:
• Preliminary Site Plan
• Preliminary Building Elevations
• Preliminary Landscape Plan
• Preliminary Signage Plan
2. A Final Planned Development Agreement shall be executed for each phase and lot within the
development site. The following plans are necessary for the Final Planned Development Agreement.
• Final Site Plan
• Final Building Elevations
• Final Site Lighting Plan
• Final Landscaping Plan
• Final Signage Plan
3. The property shall be platted.
4. Warehouse is limited to 40% of the building area for each of Lots 1, 2, and 3. Warehouse use is not
permitted on Lot 4.
5. Outside storage within this Planned Development shall be prohibited.
6. Any outside trash storage shall be within an enclosure that is attached to the principal building and
constructed with the same materials as the principal building.
7. All mechanical equipment, either ground or roof-mounted, shall be screened from views from off the
site.
8. Architectural buildings elevations submitted prior to the May 16 City Council meeting are deemed
acceptable.
9. Parking for Lot's 1 & 2 shall be shared and the developer shall provide evidence of a private
ingress/egress easement, in a form acceptable to the City Attorney.
10. The architect shall provide calculations for the allocation of different exterior materials for each
building at the time of Final Planned Development.
It. Each building shall be allowed one free-standing monument sign. Building signage will be subject to
City Code standards.
12. Site lighting shall be indirect and diffused or shielded. Lighting shall not be directed upon public
rights-of-way and the source of light shall not be visible from off the property.
13. The same light fixtures shall be utilized throughout the development.
14. The Final Landscape Plan shall be signed by a registered Landscape Architect.
15. The planting specs for the Landscape Plan shall be revised to indicate "no mulch in direct contact with
the tree trunk".
16. The developer shall submit an updated wetland delineation report to the City for formal acceptance
prior to Final Subdivision and Final Planned Development approval.
17. Stormwater runoff shall be managed by construction of three treatment ponds and by reducing runoff
through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas.
18. Wetland buffer protections shall be applied according to preliminary standards of the Water Quality
Task Force, to the extent it is reasonable and practical for the development.
10
~ -
Eagan City Council Meeting Minutes DRAFT
May 16, 2006
Page 6
19. This development shall comply with the City of Eagan Tree Preservation Ordinance. The Preliminary
Development Plans show tree removal within the allowable limits. Any additional tree removal
necessary during construction will be subject to review by the City Forester for compliance with the
Tree Preservation Ordinance and any mitigation requirements, if necessary.
20. This development shall be subject to a cash dedication for parks and trails, payable at the time of
building permit at the rates then in effect.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to
create four lots upon approximately 42.5 acres legally described as Lots 1 and 2, Block 1, Silicon Graphics 1"
Addition, located east of Lone Oak Drive and Lone Oak Parkway in the SW 1/4 of Section 1, subject to the following
conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 2, 1993: A 1, B 1, B3, B4, C 1, C2, C4, D 1 and E 1.
2. The property shall be platted.
3. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at
least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan and placement of the Tree Protection Fencing.
4. All erosion/sediment control plans submitted for development and grading permits shall be prepared by
a designer who has received current Minnesota Department of Transportation (MNDOT) training, or
approved equal training as determined by the City Engineer in designing stormwater pollution
prevention plans.
5. All personnel responsible for the installation of erosion / sediment control devices, and the
establishment of vegetation for the development, shall have received Erosion/Sediment Control
Inspector/Installer certification through the University of Minnesota, or approved equal training as
determined by the City Engineer.
6. The developer shall construct outlet skimmers, in accordance with City engineering standards, on all
pond and wetland pipe outlets.
7. Modification median openings on Lone Oak Drive and Lone Oak Parkway necessary to accommodate
two of the proposed accesses shall be the responsibility of the developer.
8. Evidence of private ingress/egress easement, in a form acceptable to the City Attorney, allowing for use
of the existing service drive over Lot 1, Block 1 Cray 2nd Addition (Ecolab) shall be provided prior to
final subdivision approval for this development.
9. The developer shall submit an updated wetland delineation report to the City for formal acceptance
prior to Final Subdivision and Final Planned Development approval.
10. Stormwater runoff shall be managed by construction of three treatment ponds and by reducing runoff
through disconnected rooftops, infiltration areas, filtration swales, and proof of parking areas.
IL . Wetland buffer protections shall be applied according to preliminary standards of the Water Quality
Task Force, to the extent it is reasonable and practical for the development.
12. This development shall comply with the City of Eagan Tree Preservation Ordinance. The Preliminary
Development Plans show tree removal within the allowable limits. Any additional tree removal
necessary during construction will be subject to review by the City Forester for compliance with the
Tree Preservation Ordinance and any mitigation requirements, if necessary.
13. The developer shall be required to contact the City Forestry Division and schedule a pre-construction
site inspection at least five days prior to the issuance of the grading permit to ensure compliance with
the approved Tree Preservation Plan and placement of the Tree Protection Fencing.
14. This development shall be subject to a cash dedication for parks and trials, payable at the time of
building permit at the rates then in effect.
ORDINANCE AMENDMENT TO IMPLEMENT A CITY WIDE MORATORIUM ON THE
ISSUANCE OF LICENSES FOR THE HARBORING OF PIGEONS
City Administrator Hedges provided background information regarding a proposed ordinance amendment pertaining
to the issuance of licenses for the harboring of pigeons.
Council directed staff to contact Eric Drenckhahn and group for input into the new ordinance.
I I
Eagan City Council Meeting Minutes
CRAFT
May 16, 2006
Page 7
Councilmember Carlson moved, Councilmember Maguire seconded a motion to adopt an ordinance amendment to
implement a City wide moratorium on the issuance of licenses for the harboring of pigeons. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
City Administrator Hedges updated the Council regarding the legislation regarding eminent domain.
The regular City Council meeting was recessed at 7:17 p.m. to immediately convene a meeting of the Economic
Development Authority.
The regular City Council meeting was reconvened at 7:40 p.m.
ADMINISTRATIVE AGENDA
There were no items.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council
meeting at 7:45 p.m. Aye: 5 Nay: 0
Date Administrative Secretary / Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
12
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Acting Chief of Police--
ACTION TO BE CONSIDERED:
To appoint Deputy Chief McDonald as Acting Chief of Police effective May 27, 2006.
FACTS:
• Chief of Police Therkelsen's last day of employment with the City of Eagan is May 26,
2006.
• Recruitment advertising for a new Chief will commence the weekend of May 20-21.
• In the interim between Chief Therkelsen's resignation and the hiring of a new Police Chief,
the Council shall name an Acting Chief of Police.
• City Administrator Hedges recommends the appointment of Deputy Chief McDonald as
Acting Chief of Police.
Item 2. Part-time Seasonal Recreation Leaders-
ACTION TO BE CONSIDERED:
To approve the hiring of Natalie Jones and Emily Thorkildson as part-time seasonal recreation
leaders.
Item 3. Part-time Seasonal Recreation Assistants—
ACTION TO BE CONSIDERED:
To approve the hiring of Michelle Finlon, Kelley Hammond, Elizabeth Anderson, Andrew
Johnson and Laura Farlee as part-time seasonal recreation assistants.
Item 4. Part-time Seasonal Preschool Teachers-
ACTION TO BE CONSIDERED:
To approve the hiring of Judith Forde, Jackie Carlson, Joan Rodgers, Pamela Clarke-Garcia and
Barb Mason as part-time seasonal preschool teachers.
l3
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
Item 5. Part-time Seasonal Preschool Assistant--
ACTION TO BE CONSIDERED:
To approve the hiring of Sandy Kukulski as a part-time seasonal preschool assistant.
Item 6. Part-time Seasonal Puppet Wagon Site Coordinator—
ACTION TO BE CONSIDERED:
To approve the hiring of Amber Geske as a part-time seasonal puppet wagon site coordinator.
Item 7. Seasonal Parks Maintenance Workers--
ACTION TO BE CONSIDERED:
To approve the hiring of Jeffrey Brooker, Elise Chell, Gordon Dentinger, Tim Dornseif, Patrick
Flannigan, Stephen Foertsch, Jesse Guillette, Christopher Hoffinan, Brian Hopkins, Michael
Hopkins, Tori Johnson, Cassy Lenz, Jake Loesch, Peter McIlhon, Nicolas Mestad, Brian Meyers,
Steve Nelson, Tricia Nutters, Brian Polkowski, Bryon Seppamaki, Daniel Streefland, Matthew
Steele, Aaron Vermer, Tyler VonDeLinde, David Jungers, Marcia Weitzel, Jacob Loesch, Robert
Rausch, Andrew Koppang, Megan Grouws, Luke Selby, Richard Lemay, Adam Nelson, Frank
Kocer, Joseph Carchedi, Kevin Stevenson, Ryan Newmann, Kevin Weber, Jacob Krinhop, Geoff
Cleveland, David Streefland and Lindsey Carlson as seasonal parks maintenance workers.
To approve the hiring of Amber Geske as a part-time seasonal puppet wagon site coordinator.
Item 8. Seasonal Utilities Maintenance Workers--
ACTION TO BE CONSIDERED:
To approve the hiring of Michael Graves, David Tripp, Alec Graham, William Boyd and Matt
Smith as seasonal utilities maintenance workers.
Item 9. Seasonal GIS Interns/Utilities--
ACTION TO BE CONSIDERED:
To approve the hiring of Catherine Ayers, Brandon Hughson and Tyler Olson as seasonal GIS
interns in Utilities.
14
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
Item 10. Revised Leave of Absence Policy--
ACTION TO BE CONSIDERED:
To approve revisions to the Leave of Absence Policy as presented.
The purpose of the revisions to the Leave of Absence Policy:
The Leave of Absence Policy was reviewed by the Senior Management Team and it was
determined that the original language did not sufficiently describe the inherent management rights
of the City to determine when a leave of absence was granted or how certain leaves of absences
should be administered. In addition, the new policy language better describes how an employee
may or may not utilize accrued vacation and sick time toward a leave of absence. The most
significant addition to the policy is the clarification that the City determines how the Family
Medical Leave Act interfaces with the policy.
ATTACHMENTS:
• Enclosed on pages 11- through 2 is a draft copy of the revised Leave of Absence
Policy, noting recommended changes to the policy.
Item 11. RFP/2007 Health Insurance Coverage--
ACTION TO BE CONSIDERED:
To approve the RFP for Health Insurance Coverage for 2007 as presented.
FACTS:
• The City's Health Insurance Committee, comprised of representatives from all bargaining
groups, non-bargaining groups and department heads in addition to the Human Resources
Manager and the City's insurance consultant, have been meeting since February 2006.
• The charge of the committee was to agree through consensus, that a commitment to
insurance reform is imperative, and that future reform is in the best interest of not only
individual employees but ultimately for the City.
• Insurance reform involves reviewing the current status of premium costs and plan design
and determining where adjustments can be made. The committee is collectively interested
in eliminating the Mid Plan, possibly replacing with a High Deductible Plan, funded with
an HRA/VEBA, as the Mid Plan was not selected by any active employee in the last plan
year.
i5
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
• The City's Stanton representative met with the committee to develop parameters for a
Request for Proposal for the 2007 plan year. These parameters were agreed upon by the
committee.
• Stanton Group prepared the Request for Proposal. It is the recommendation of Human
Resources and the Health Insurance Committee that a Request for Proposal be issued for
the City's 2007 health insurance coverage.
• The tentative time line would involve a proposal notice to be published June 10 and June
11, with responses due not less than 21 days from the date the notice is published. The
responses would be reviewed by Human Resources and the Health Insurance Committee in
July and final agreement on Insurance Reform will be obtained no later than
September/October, in order to offer new options in time for Open Enrollment later in the
Fall.
ATTACHMENTS:
• A copy of the Request for Proposal for the City's 2007 Health Insurance Coverage is
available in the City Administrator's office for any Councilmember to review.
J~
SECTION SIXTEEN
LEAVE OF ABSENCE
The City of Eagan provides employees with opportunities to qualify for a leave of
absence under specific circumstances. The leave of absences defined in 16.1 relate to
specific circumstances. The leaves of absence described in subsequent sections relate to
personal leave, child care leave, and leaves that qualify under FMLA.
Should an employee fail to return to work pursuant to an agreed upon date between the
Employer and the Employee, the employee shall be assumed to have voluntarily resigned
from their employment with the City.
Under certain circumstances, an employee may be required to pay an additional
contribution toward their portion of medical insurance premium costs should they be
absent without pay for more than two (2) weeks. Please consult with Human Resources
for further details.
16.1 T e of bsenee With Pay:
LEAVE OF ABSENCES: SPECIFIC CIRCUMSTANCES
16.1.1 Jury Duty:
Any employee called upon to serve as a juror in a state,
county/municipal, district or federal court shall be granted a
leave of absence by the City for that purpose and for those days
the employee is required to be in court. The employee shall
receive all pay and other benefits that would have accrued had
he/she been performing services for the employer during the
period of absence for jury duty. Per diem allowances shall be
turned over to the City. Reimbursed expenses shall be retained
by the employee.
16.1.2 Military Leave:
Employees will be entitled to leave of absence as now or
hereafter authorized by State Law to participate in National
Guard or Reserve training. During such leave, there should be
no loss of seniority, sick leave or vacation rights. The employee
shall be paid his/her regular pay while on such leave not to
exceed 15 days per year. Leave in excess of this shall be
without pay or be deducted from unused vacation time.
16.1.3 Bone Marrow Donation
I I
As required by Minnesota State Statutes, any regular full-time
or part-time employee may request a paid leave of absence to
undergo a medical procedure to donate bone marrow. The
combined length of the bone marrow donation leaves may not
exceed 40 hours per calendar year. Verification by a physician
as to the purpose and length of each leave requested by the
employee for bone marrow donation will be required at least 21
calendar days prior to the start of the leave. The employee will
not be required to use vacation or sick leave for purposes of
donating bone marrow for periods under 40 hours per calendar
year.
16.1.4 Employee Recognition Day:
As a part of the City's Employee Recognition Program, each
regular full or part-time employee who reaches his/her five, ten,
fifteen, twenty, twenty-five or thirty-year anniversary dates
during the calendar year January through December will be
eligible to take an "Employee Recognition Day" off during the
next calendar year. The day must be used during that calendar
year and may not be carried over. Employees must fill out an
absence report requesting the day off at least three days prior to
the requested date. Supervisors may use their discretion in
approving the day off subject to the needs of the City of Eagan.
Regular, full-time employees must take the "Employee
Recognition Day" as a complete eight hours absence and may
not split it into hourly increments. Regular, full-time
employees working shifts other than eight hour shifts will be
credited for eight consecutive hours for the employee
recognition day. Regular, part-time employees' "Employee
Recognition Day" will be prorated in the same manner as a
floating holiday.
16.1.5 Severe Weather Conditions:
When severe weather conditions prohibit an employee from
reporting for or completing the employee's normal work shift, a
non-exempt employee shall be paid only for those hours actually
worked. A non-exempt employee who has absences due to
weather conditions may charge those absent hours to accrued
vacation or sick leave. An exempt employee who is prohibited
from reporting for work because of severe weather conditions may
charge the entire day's absence to accrued vacation or sick leave.
An exempt employee who does report for work shall be paid for
the employee's normal work day. If employees remain on the
I?)
premises after office hours due to severe weather conditions, they
shall not be entitled to overtime compensation unless they remain
to work because they are required by departments to assist during
the emergency situation and the hours worked per week exceed
forty.
16.1.6 Civic Duties:
Minnesota Statute 204A.36 states that: "Every employee who is
entitled to vote at any state-wide general election or at any
election to fill a vacancy in the office of representative in
Congress is entitled to absent himself from his work for the
purpose of voting during the forenoon of such election day
without penalty of deduction from his salary or wages on
account of such absence."
16.1.7 School Conference and Activities Leave
As required by Minnesota State Statute 181.9142, a regular full-
time or part-time employee may be granted up to 16 hours of
unpaid leave per calendar year to attend school conferences or
classroom activities for his/her children if these activities cannot
be scheduled during non-working hours. Such leave includes
conferences and activities for grades kindergarten through 12th
grade, special education programs, child care, pre-school or
other early childhood programs. If the employee chooses,
he/she may use accrued vacation or his/her floating holiday time
to attend school events.
16.2 Leave of Absenee Without Pa :
PERSONAL LEAVE OF ABSENCE
Definition: A Personal Leave of Absence may be requested to handle personal or family
matters. Available vacation, sick time or compensatory time must be used during such a
leave. Requests are considered on a case by case basis.
16.2.1 An cmhloyec's Deliartniew DII'cctol' supervise may approve a
leave of absence without hay li)r a period of forty hours or less,
i f all vacation and compensatory time has been used.
16.2.2 To apply fora personal leave of absence with or without pay for
a period of time over 40 hours, the employee must complete the
"Leave /Extended Leave Application € Fm and
19
route to Human Resources . Employees must complete the-an
Absence Report form, for payroll pumoses. For lesser periods,
a completed "Absence Report" form is acceptable.
a. A leave of absence of any employee, without pay, for a period
of more than forty hours but not to exceed 12 weeks must be
approved by the employee's supervisor, the employee's
department head, and the Difeeter-Manager of Human
Resources, taking into consideration the general good of the
municipal service and the City of Eagan, State of Minnesota and
Federal regulations relating to allowable reasons for and
required minimum lengths of periods of unpaid leave.
b. With additional approval by the City Administrator, such
personal leave of absence may be extended beyond 12 weeks,
not to exceed 6 months.
disabilit~-, City ef Eagan Child Cafe Leave, or- ether- geed ana
suffieient reason.
C. No vacation or sick leave benefits shall accrue during a personal
leave of absence without pay of more than five work days.
d. The cost of benefits (such as health, life, A.D.&D. and disability
insurance premiums) shall be paid by the employee during a
personal leave of absence without pay of more than five work
days. The employee shall be liable for these costs for the period
beginning with the sixth work day of leave without pay.
Monthly premiums shall be pro-rated for periods of leave
without pay encompassing partial calendar monthse
the wiOd leave up te a total ef 12 weeks as defined in Seetis
16.4, the City ef Eagan will maintain gFeup health iasuFmee
aetive employees.
16.2.2 Personal Leave of Absence without pay will be allowed for
military service in time of war, national or state emergency as
proclaimed by the proper state or federal authorities with
reinstatement at the expiration of such leave as now or hereafter
authorized by law.
16.3 CHILD CARE LEAVE
A Child Care Leave may be applied for under two circumstances; 1) if the employee does
not meet the eligibility requirements under FMLA or under the Minnesota Parental Leave
Act and /or, 2) to request an extended parental leave past 12 weeks, not to exceed 6
months.
l~ n.r D,,or+ t
16.3.1 Chill Care Leave net ok;b,le for- F MLA or- the
16.3.1 A Child Care Leave may be granted to a full time or part time,
benefits eligible employee who has not yet served 12 months of
continuous service and has not reached 1250 hours of service.
These employees may be granted, by the City of Eag subject
to the provisions of this section and subject to the discretionary
needs of the organization, a child care leave, of up to 6 weeps
months -may be gra beeause of the need to prepare and
provide paternal or maternal care for a newborn or newly
adopted child of the employee.
16.3.2 An employee making application for Child Care Leave shall
complete an "Absence Report" form and the "T eave With
RWExtended Leave Application form at least three calendar
months or as soon as possible, before commencement of the
intended leave.
16.3.3 if the fease for- the Child Care leave maybe i6-occasioned by
pregnancy. In that case, an employee may elect to utilize sick
leave during the period of the employee's disability- absence, or
the employee's spouse who is experiencing the health condition
may use sick leave during the period of the spouse's health
condition pursuant to the sick leave provisions of this policy,
provided that a statement from the employee's or spouse's
physician is received (1) if the new mother's disabilit (cave
period is expected to exceed six weeks, (industfy standard)
stating the period of time that the employee is expected to be
disable absent, or (2) that the employee's attendance and
assistance is expected to be required due to the
condition of the spouse for a period expected to exceed 404ietws
~we weeks-6 weeks. If circumstances change, a new statement
may be submitted at a later date.
16.3.5 A Child Care Leave of less then 12 weeks must be approved by
the employee's supervisor, the employee's department head,
and the Difeete Manager of Human Resources. W4h
additional Should an
employee request such a leave of absence may be extei ed
beyond 12 weeks, medical certification will be required. In
making this determination, eeneeming the eemmeneement and
`1,,,amie" AF" chill r e leave " lulling s ek leave for- the
21
p , the City shall not in any event be required
to grant any leave totaling more than six (6) months in duration.
16.3.6 A City employee scheduled to return from Child Care Leave
shall be assigned to their same or similar position fzeexipleyed in
his/her- f4mer- elas ifieat'^^, unless previously discharged or
subject to a lay off. An employee who returns from Child Care
Leave within the provisions of this section shall retain all
previous experience credit under the provisions of this policy as
credited up to and including the 30th day of the unpaid portion
of the leave.
16.3.7 Failure of the employee to return pursuant to the date
determined under this section shall be assumed to have
voluntary resigned from their employment
€s3- disehafge.
16.3.8 The period of time for which the employee is on child care
leave shall not be counted in determining the completion of the
probationary period.
16.3.9 An employee on child care leave of more than five work days is
eligible to participate in group insurance programs, but shall
pay the entire premium for such programs, commencing with
the sixth work day of leave without pay. if the empk~yft
ekeeses to use unpaid FLSA leave for- any pet4ien of the wVaid
leave up to a total of 12 weeks as defified in Seetien 16.4, the
City ef Eagan will maintain gr-eup health insufmee eever-age-
under the same eendifiens that apply to eever-age for- aetive
fees:
16.4 LEAVE UNDER THE FAMILY MEDICAL LEAVE ACT
16.4.1 Reasons for an FMLA Leave:
A covered Employer must grant an eligible employee up to 12 work weeks of
unpaid leave during a 12 month period for one or more of the following
reasons:
• For the birth and care of a newborn child of the employee
• For placement with the employee of a son or daughter for adoption or
foster care;
• To care for L: ;iimied to 4i+a}i1 y-liieliiIei- a spouse, child or parent with
a serious health condition; or to take a medical leave when the
employee is unable to work because of a serious health condition.
• For the cmployec's oNvn serious health condition.
270,
An employee who ; eligible to take under- FN4 A (Family "
A edie"1 Leave) A et leave under- tb,° ' n s "f t11° 40.1°«,1
Family and Medieal Leave Ae fFN4LA) must speeifieally
"Msenee c ttcxn'Tnvic`r'e WrcrxvcT Encvrnzvcrneccvv
Applre tstierr " f the mooed-tee-t 444T A le-Ave
rippr~ a ne6~,se - vr
r-egulatiens, all requests will be eensider-ed on a ease to ease
basis.
The Employer determines of the validity of a bona fide leave
under FMLA, based on written certification from a health care
provider. In addition, the Employer maintains their right under
the federal regulations to determine the commencement and
ending of a leave under FMLA. Under no circumstances will an
employee have the ability to choose whether a leave qualifies
under FMLA and when it will begin and end.
16.4.2 Up to a total of 12 work weeks (not necessarily consecutive) of
FMLA leave is granted ale in a any-twelve month period
to care for the employee's newborn or newly-placed adopted or
foster child; the employee's parent, child, or spouse with a
serious health condition; and the employee's own serious health
condition. However-, the Employees may choose to use
substitute accrued sick, compensatory and/or vacation leave,
during the f r all „ paA of an
(other-wise) unpai 12 weeks of FMLA leave. However, the
employee's ability to determine the utilization of their accrued
sick, compensatory time and vacation time fl4s does not imply
that an employee has the authority to determine when or how an
FMLA leave is implemented.
16.4.3 Definitions: As used in this Family and Medical Leave Act
Leave section of the Personnel Policy, the following words and
terms shall have the meanings as stated:
a. "Eligible employee" means any employee who has been
employed by the City of Eagan for at least 12 months (*e>t
and has worked at least 1,250
hours for the City of Eagan during the previous 12
months.
23
b. "Any twelve month period" means a time period
measured forward from the date the employee's first
FMLA leave begins. An employee is entitled to 12 weeks
of FMLA leave during the year beginning on the first date
FMLA leave is taken; the next 12-month period would
begin the first time FMLA leave is taken after completion
of any previous 12-month period. In other words, FMLA
is triggered by the date of the qualifying event, not by the
calendar year.
C. "Parent" means the biological parent of an employee or an
individual who stood in loco parentis to an employee
when the employee was a child.
d. "Child" means a biological, adopted or foster child, a
stepchild, a legal ward or a child of a person standing in
loco parentis, which child is under 18 years of age or 18
years of age or older and incapable of self-care because of
a mental or physical disability.
e. "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that involves
inpatient care in a hospital, hospice, or residential medical
care facility or continuing treatment by a health care
provider.
16.4.4 Birth of Child under FMLA:
The following provisions apply to FMLA leave taken to care for
a newborn biological child, or newly-placed adopted child or
foster child.
a. The employee's entitlement to FMLA parenting leave
expires 12 months after the birth or placement of the
child.
b. The employee may choose to use she accrued sick,
vacation and compensatory leave for all or part of the
(other-wise) 12 weeks of FMLA leave. in addition
aeet-ded siek leave may also be substiwted during en!
period
before the period of disability is ovef, aeemed vaeafien or-
eempensater-y leave may then be substituted dur-ing4he
24
a Vl 1111 t1V111 leave Vl leave an a 1Vaf.1G Vd sehedule may net
be taken witheat eensent of the depaftment head e;ftd the
Dir-ee*^r of Human Resources. Under certain
circumstances, employees may take FMLA leave
intermittently - which means taking leave in blocks of
time, or by reducing their normal weekly or daily work
schedule.
d. Taking leave intermittently or on a reduced schedule does
not reduce the total amount of FMLA leave to which the
employee is entitled.
e. The employee shall give 30 days notice of the intention to
take FMLA parenting leave if possible.
16.4.5 Caring for a Family Member under FMLA:
Relative w th co,-ions Health Condition Leave The following
provisions apply to FMLA leave taken to care for an employee's
spouse, child or parent with a serious health condition:
a. The employee may choose to use she -accrued sick,
compensatory and/or vacation leave for all or part of any
12 weeks of FMLA leave.
b. Under certain circumstances, employees may request take
FMLA leave intermittently - which means taking leave in
blocks of time, or by reducing their normal weekly or
daily work schedule.
When it is fnedieally neeessar-y, this type of FMLA leave
C. If the need for intermittent leave or leave on a reduced
schedule is foreseeable, the employee may be temporarily
transferred to another position if the position has
equivalent pay and benefits and better accommodates the
recurring periods of leave.
d. Taking leave intermittently or on a reduced leave
schedule does not result in a reduction in the total amount
of FMLA leave to which the employee is entitled.
C. The Manager of Human Resources ma-y shill require that
a leave request be supported by a certification issued by
the health care provider of the employee's qualifying
2.5
relative. The certification must include a statement that
the employee is needed to care for the qualifying relative
and must estimate the time that the employee is needed.
16.4.6 Employee with a Serious Health Condition under FMLA: €er
Self Care Leave
The following provisions apply to leave taken to care for an
employee's own serious health condition:
a. An employee may take FMLA self leave to care for
his/her own serious health condition that makes them
epee unable to perform the functions of the job.
b. The employee may ose to SLIhStitLl'° a use sick,
compensatory and/or vacation leave for all or part of any
(otherwise) unpaid 12 weeks of FMLA leave.
C. When it is medically necessary, this type of FMLA leave
may be taken intermittently or on a reduced schedule.
d. If the need for intermittent leave or leave on a reduced
schedule is foreseeable, the employee may be temporarily
transferred to another position if the position has
equivalent pay and benefits and better accommodates the
recurring periods of leave.
e. Taking leave intermittently or on a reduced leave
schedule does not result in a reduction in the total amount
of FMLA leave to which the employee is entitled.
f. The Manager DiFeeter-of Human Resources may require
that a leave request be supported by a certification issued
by the employee's health care provider. The certification
must include a statement that the employee is unable to
perform the functions of the job.
16.4.7 Upon returning from FMLA leave, the employee will be
restored to the same or similar eMT-e%:f tri t position.
However, restoration to employment following FMLA leave
may be denied to salaried employees who are among the highest
paid 10% of the employees at the City of Eagan if restoration
would cause the City "substantial and grievous economic
injury."
16.4.8 An employee's use of leave time cannot result in the loss of any
?.(40
employment benefit that the employee earned or was entitled to
before using FMLA leave, nor be counted against the employee
under a "no fault" attendance policy. The employee will not
lose any benefits aeefued before the leave. However-, the
employee will not aeer-ue benefits during the unpaid portion of
Fear n leave
16.4.9 During the unpaid peFtie^ of the a 12 week FMLA leave, the
City of Eagan will maintain group health insurance coverage
under the same conditions that apply to coverage for active
employees, i.e. it will pay the same portion of the premium
payments that it does for active employees who are eligible for
and enrolled in health insurance coverage.
16.4.9 If the employee does not return from FMLA leave, the City may
seek to recover health insurance premiums if the reason for the
failure to return was within the employee's control.
16.4.10 The employee is responsible for the full payment of premiums
for any life, AD&D and disability insurance for which the
employee is eligible and enrolled beginning the sixth work day
of the unpaid portion of FMLA leave.
Z"7
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED: To ratify the check registers dated May 18, 2006, May 25,
2006 and June 1, 2006 as presented.
ATTACHMENTS:
• Check registers dated May 18, 2006, May 25, 2006 and June 1, 2006 are enclosed
without page number.
Agenda Memo
Regular City Council Meeting
June 6, 2006
CONSENT AGENDA:
D. Parade Permit for Eagan Lions / July 4th Funfest to hold a parade on July 4,
2006 and waive fee
ACTION TO BE CONSIDERED:
Approve a Parade Permit for the Eagan Lions / July 4th Funfest to hold a parade
on July 4, 2006 and waive the $25.00 permit fee.
FACTS:
• The Eagan Lions Club has applied for a Parade Permit and requested that the $25
fee be waived.
• The line up will be on Yankee Doodle Road, east of Highway 13. The parade will
travel east on Yankee Doodle to Central Parkway / Federal Drive, turning north
on Central Parkway, finishing at Lockheed Martin parking lot and the Eagan
Community Center.
• Acting Chief of Police MacDonald has reviewed the application and sees no
reason to deny the request.
ATTACHMENTS:
• None. The application is available for review in the Administration Department.
z~
Agenda Memo
Regular City Council Meeting
June 6, 2006
CONSENT AGENDA:
E. Shows License for Eagan Lions / July 4th Funfest to hold a carnival, street
dance, food vendors and fire works events on July 3 and 4, 2006 and waive
fees.
ACTION TO BE CONSIDERED:
Approve a Shows License for the Eagan Lions / July 4th Funfest to hold a
carnival, street dance, food vendors and fire works events on July 3 and 4, 2006;
and waive the $75.00 license and investigation fees.
FACTS:
• The Eagan Lions Club has applied for a Shows License and requested that the $75
investigation and licensee fees be waived.
• The 4th of July Funfest is an annual event in the City of Eagan featuring a parade,
carnival, street dance, food vendors and fireworks which are scheduled for the
afternoon and evening on July 3 and from 8:30 a.m. to midnight on July 4, 2006.
• Acting Chief of Police MacDonald has reviewed the application and sees no
reason to deny the request.
ATTACHMENTS:
• None. The application is available for review in the Administration Department.
W
Agenda Memo
Regular City Council Meeting
June 6, 2006
CONSENT AGENDA:
F. Amusement Device License for Namco Cybertainment, Inc.
ACTION TO BE CONSIDERED:
Approve an Amusement Device License for Namco Cybertainment, Inc. to locate
and operate amusement devices at Regal Theater, 2055 Cliff Road.
FACTS:
• Namco Cybertainment, Inc. has applied for a license to locate 13 amusement
arcade games in the lobby of the Regal Theater on 2055 Cliff Road.
• All requirements of the application have been met and staff sees no reason to deny
the application.
• The license period for amusement devices is July 1 through June 30. This license
will be effective from June 7, 2006 to June 30, 2007. The fee was prorated to
include the remaining month in 2006.
ATTACHMENTS:
• None. The application is available for review in the Administration Department.
31
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
G. APPROVE CLASSIFICATION OF TAX FORFEITED PROPERTY
ACTION TO BE CONSIDERED:
To declare the following parcels as non-conservation land:
1. 10-22750-010-00 (Eden Addition Outlot A)
2. 10-22451-241-01 (Eagan metro Center 2ND Addition Shannon Glen
Condo NO 1 Garage # 68)
FACTS:
• The City has been notified by Dakota County of these parcels noticed as tax
forfeited for non-payment of taxes.
• The first property of approximately 1.3 acres appears to be a remnant parcel
left over after the construction of I - 35E and the development of the Eden
Addition and is subject to a trail easement which meets the City's interest.
• The second property is a garage unit with no explanation as to why the
taxpayer would let it go forfeit, but is of no interest to the City.
• Unless the City desires to use either parcel for a public purpose, Dakota
County has requested that the City approve the classification of the
properties as non-conservation land in preparation for sale. The steps are all
necessary to follow the legal process.
ATTACHMENTS:
• Enclosed on page is a copy of the County resolution.
• Enclosed on pages N &A and 135 are copies of the site maps.
32.
CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF
FORFEITED
LANDS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED.
To the CITY COUNCIL of the CITY of EAGAN
We, the members of the County Board of the County of Dakota, Minnesota,
do hereby certify that the parcels of land hereinafter listed are all of the lands
which have been classified by us as NON- conservation lands, from
the list of lands forfeited to the State of Minnesota for non-payment of taxes
for the year or years 19 9 7 & 19 9 9 as provided by Minnesota Statutes
1945, section 282.01 as amended.
SUBDIVISION
10-~32 2 0
HILLS S NEBRIDGE
OU OT
B
10-4 -120
MC KEE DDITION
N 1/2
12 2
10-22750-MO-00
EDEN ADDITION
OUTLOT A SUBJ TO TRAIL
ESMNT
A
10-22451-241-01
EAGAN METRO CENTER 2ND
ADDITION
SHANNON GLEN CONDO NO 1
GARAGE#88
BEING PT OF LOTS 1 & 2
BLK 1
FILE #32
21
In witness hereof we have hereunto subscribed our names this day of
oar
d
d
0the~"
L
Attest: County Trea rer-Auditor
The forgoing classification sale is hereby approved.
By the of the of EAGAN
Dated
~a'r C e&SAYL _ YY~ a~t m~
~Y~I,rta c vseK , C; C le r•~C
33
SITE MAP
PROPERTY ID NUMBER: 10-22750-010-00 2006 ESTIMATED MARKET VALUES (PAYABLE 2007) 2006 BUILDING INFORMATION (PAYABLE 2007):
FEE OWNER: STATE OF MN - F TAX LAND: 12,300 LOT SIZE (EXCLUDES NO DATA AVAILABLE
1590 HWY 55 BUILDING: ROAD EASEMENTS)
HASTINGS MN 55033 TOTAL: 12,300
56,426 SO FT A f~
PAYABLE 2006 TAXES SCHOOL DISTRICT: 196 1.30 ACRES
NET TAX: 0.00 LOCATION: NW1/4 SE1/4 SECTION 2"27-23
SPECIAL ASSESSMENTS: 0.00
TOTAL TAX & SA 0.00 PAYABLE 2007 HOMESTEAD STATUS: NON HOMESTEAD
PAYABLE 2007 ASMNT USAGE:EXEMPT WATERSHED DISTRICT: GUN CLUB w
LAST QUALIFIED SALE:
DATE: AMOUNT:
OsaAIL- .
R
I)jz
A=!
CB
SEY rjyt /
I
Vi C~3 E Z]
~ BEECHER bR
\ Ids \
A. 0
i
:
NOTE: Dimensions rounded to nearest foot. PLAT NAME: EDEN ADDITION
TAX DESCRIPTION: OUTLOT A SUBJ TO TRAIL ESMNT ' V
Copyright 2006, Dakota County - A
This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.
This drawing is a compilation of records, information and data located in various city, county, and
state offices and other sources, affecting the area shown, and is to be used for reference purposes
only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
found, please contact Dakota County Survey and Land Information Department.
Map Date: May 16, 2006 Parcels Updated: 5/11/2006 Aerial Photography: 1999 34
SITE MAP
PROPERTY ID NUMBER: 10-22451-241-01 2006 ESTIMATED MARKET VALUES (PAYABLE 2007) 2006 BUILDING INFORMATION (PAYABLE 2007):
FEE OWNER: STATE OF MN - F TAX LAND: 200 LOT SIZE (EXCLUDES NO DATA AVAILABLE
1590 HWY 55 BUILDING: 3,600 ROAD EASEMENTS)
HASTINGS MN 55033 TOTAL: 3,800
Not available.
PAYABLE 2005 TAXES (DELINQUENT TAXES IN PAST YEARS) SCHOOL DISTRICT: 191
NET TAX 0.00 LOCATION: SE1/4 SWIM SECTION 17-027-23
SPECIAL ASSESSMENTS: 0.00
TOTAL TAX & SA: 0.00 PAYABLE 2007 HOMESTEAD STATUS: NON HOMESTEAD
PAYABLE 2007 ASMNT USAGE:EXEMPT WATERSHED DISTRICT: GUN CLUB
LAST QUALIFIED SALE:
DATE: AMOUNT:
CUR
D,
i
/ SNGO D
I,~ t
O
NOTE: Dimensions rounded to nearest foot. PLAT NAME: EAGAN METRO CENTER 2ND ADDITION N
TAX DESCRIPTION: SHANNON GLEN CONDO NO 1
Copyright 2006, Dakota County - GARAGE # 68 BEING PT OF
LOTS 1 & 2 BLK 1 FILE #32
This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. 2 1
This drawing is a compilation of records, information and data located in various city, county, and
state offices and other sources, affecting the area shown, and is to be used for reference purposes
only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are
found, please contact Dakota County Survey and Land Information Department.
Map Date: May 16, 2006 Parcels Updated: 51112006 Aerial Photography: 2003 35
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
H. APPROVE OFF-SALE LIQUOR LICENSE FOR BLACK DIAMOND
LIQUOR, LLC, DBA BLACK DIAMOND LIQUOR, 525 DIFFLEY ROAD,
SUITE 1030
ACTION TO BE CONSIDERED:
To approve an off-sale liquor license for Black Diamond Liquor, LLC, dba Black
Diamond Liquor, 525 Diffley Road, Suite 1030.
FACTS:
➢ Brenda Szoka has applied for an off-sale liquor license with the City of Eagan. The
business will be structured as a Limited Liability Corporation.
➢ The applicant has submitted the required documents. They have been reviewed and
deemed in order by City staff.
➢ The Police Department has conducted an investigation on the owner and does not
find any reason to deny the applicant the off-sale liquor license.
➢ Following Council approval, the application will be forwarded to the Department of
Public Safety/Liquor Control Division for their approval.
ATTACHMENTS (0):
3~7
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
1. APPROVE TEMPORARY 3.2 PERCENT MALT LIQUOR LICENSE FOR THE
EAGAN LIONS CLUB FOR THE FOURTH OF JULY CELEBRATION
(JULY 3-4,2006) AND WAIVE THE $25 LICENSE FEE
ACTIONS TO BE CONSIDERED:
To approve the temporary 3.2 percent malt liquor license for the Eagan Lions Club for the Fourth
of July celebration (July 3-4, 2006) and waive the $25 license fee.
FACTS:
➢ The Eagan Lions Club has requested a temporary malt liquor license be issued to them for
the Fourth of July celebration, July 3-4, 2006
➢ The application form has been submitted and deemed in order by staff. The Eagan Lions
Club is requesting that the $25.00 license fee be waived.
ATTACHMENTS (3):
Letters and site plan from Lions Club enclosed on pagesag through.
EAGAN LIONS CLUB
May 2, 2006
Ze Eagan Lions Club would like to request that the city waive the $25.00 Fee for the Liquor License for
4th of July.
You
0
3E;l
EAGAN LIONS CLUB
May 2, 2006
To The City of Eagan
Re: Temporary Beer License
We have reviewed the new ordinance and will make all attempts to comply with it Attached is a site plan
where our beer tent will be located.
The Eagan Lions Club at 4'h of July will have a tent at the FunFest in Eagan Central Park where the beer
will be served.
Site plan is attach our tent is #0. We will have 100% of the tent.
We will partition our part of the tent with Police tape and have signs that state no beer out of the area.
We will have members checking all persons that come in to our area all of our members have been though
training for checking ID for our insurance Co.
All people that come in to our tent that are 21 will have a wristband but on by a member. We will have
signs posted notifying the public that sales to and consumption of alcoholic beverages by persons under the
age of 21 or to persons intoxicated is prohibited.
We will have on-site manager at all times we are open. ,
ank You
EA AN LIONS CLUB
Y MARKO
~r 12
r c
c~
D~ -arm
?'d Tf1~?-fI~F-IS9 2ITaaR L42taTUM dg-6:7T 4.n ca Rau
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
J. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE FOR
FAITHFUL SHEPHERD CATHOLIC SCHOOL AND WAIVE $150 FEE
ACTION TO BE CONSIDERED:
To approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and
waive the $150.00 license fee.
FACTS:
➢ Faithful Shepherd Catholic School has requested a temporary on-sale liquor license
be issued to them for a fundraiser planned for September 22, 23 and 24, 2006. The
fundraiser is the third annual "Septemberfest", which is being held to raise money
for the operation of the school.
➢ The application form has been submitted and deemed in order for approval by staff
and the Police Department.
➢ Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived.
Following Council approval, the application will be forwarded to the Department of
Public Safety/Liquor Control Division for their approval.
ATTACHMENTS (2):
Letter and security plan enclosed on pages 142, through.
~t
FAITHFUL
SHEPHERD Inhere educational excellence and God'dgiftd are awakened.
3355 Columbia Drive • Eagan, Minnesota • 55121 • Phone 651.406.4747 • www.fscsmn.org
e
e
May 3, 2006
Dear City Council Members:
I respectfully request that the Eagan City Council waive the $150.00 application fee for a
temporary liquor license on September 22 to 24, 2006. We are holding our third
Septemberfest Festival at Faithful Shepherd Catholic School and Tri-Parish Center. The
purpose of Septemberfest is fundraising. All proceeds from Septemberfest will go to the
school.
Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment
by incorporating procedures that will be followed to engage in the temporary sale of
alcohol beverages.
■ The designated property of the event will be limited to the school grounds.
The following security measures will be taken to ensure proper safety in enforcing
alcohol beverage sale and consumption laws, crowd control, public safety, and check the
ages and identification of all attendees.
■ No person under the age of 21 will be sold or served alcoholic beverages.
■ No person will sell or give alcohol beverages to an obviously intoxicated person.
■ All persons who consume, purchase, or possess an alcoholic beverage in the
licensed area will be issued and required to wear a wristband. (Wristbands will be
purchased from an approved vendor list provided from the City of Eagan.)
■ The Welcome Committee will verify proper photograph identification for those
individuals that are under the age of 21.
■ No person selling alcohol shall be intoxicated during his or her work shift.
■ Licensee will post signs at all entrances of the school to notify the public that
sales to and consumption of alcoholic beverages by person's under the age of 21
or to persons intoxicated is prohibited.
■ Licensee will provide volunteer private security to monitor the licensed area.
■ Licensee will follow the designated hours listed in the City of Eagan procedures.
Faithful Shepherd Catholic School and Tri-Parish Center • Serving the parishes of St. John Neumann, St. Peter and St. Thomas Becket
T17
■ Licensee will designate an on-site manager of the licensed area who shall be
within the licensed designated area at all times during the hours of sale. The
onsite manager will complete training in alcohol beverage service and will train
servers and security personnel in the same.
If you have any questions, I can be reached at 651.406.4747. Thank you for your
consideration.
Respectfully submitted,
n
Christine Edinger
Director of Finance
Faithful Shepherd Catholic School
Security Plan
"Septemberfest 2006"
September 22, 23 & 24, 2006
Designated Property for the event:
Designated property for the event will be - Faithful Shepherd Catholic School -
Event will be held on the west side of the school - a stage will be set up with
bands playing throughout the weekend (Friday night, Saturday night and
Sunday afternoon). Most of the activities will be on the Westside parking lot of
the School. A designated area to serve and consume alcoholic beverages will
be established. This will be fenced with designated entrance and exit gates.
The following is a "tentative" schedule of events:
FRIDAY 5:00 -12:00 am Food/Beer Garden/Live Music
SATURDAY:
6:00 -12:00 am Food/Beer Garden/Live Music
SUNDAY: 12:00 -1:00 pm Tri-Parish Outdoor Mass
1:00 - 4:00 pm Food/Beer Garden/Live Music
Security Measures:
• No person under the age of 21 years of age will be sold or served
alcoholic beverages.
• No person will sell or give alcohol beverages to an obviously
intoxicated person.
• All persons who consume, purchase or possess an alcoholic beverage
in the licensed area will be issued and required to wear a wristband.
(Wristbands will be purchased from the list provided from the City of
Eagan.)
• Wrist bands will be issued to those individuals who possess valid
identification and are 21 years of age or older.
• Alcoholic beverages will only be served to those with proper
wristbands.
• No person selling alcohol shall be intoxicated or consume alcohol
during his or her work shift.
• Licensee will post signs at all entrances of the school to notify the
public that sales to and consumption of alcoholic beverages by
person's under the age of 21 or to persons intoxicated is prohibited.
LAq
• Licensee will follow the designated hours listed in the City of Eagan
Procedures - (Sales of alcohol will be shut down '/z hour before the end
of the last performance.)
• Licensee will provide security to monitor the licensed area -
Discussions are in process with Sgt. Mike Fineran - Eagan Police
Department to use off-duty officers during the event. Along with this,
there will be a police car stationed at both entrances to the event. We
will also be asking the Eagan Explorer Scouts to assist in other areas of
the event, such as the parking lots and carnival area.
• Licensee will designate an on-site manager of the licensed area who
shall be within the licensed designated area at all times during the
hours of sale. The on-site manager will complete training in alcohol
beverage service and will train servers and security personnel of the
same.
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
K. APPROVE RESOLUTION ESTABLISHING A NEW POLLING PLACE
FOR PRECINCT 5
ACTION TO BE CONSIDERED:
To approve a resolution establishing Mount Calvary Lutheran Church, 3930 Rahn Road,
as the new polling place for Precinct 5.
FACTS:
➢ For elections prior to 2004, the polling place for Precinct 5 was located at Mount
Calvary Lutheran Church, 3930 Rahn Road. In 2004, renovations were being made
to the church. Due to the reconstruction project, it was necessary to move the
polling place to another location. Grace Slavic Baptist Church, located at 1985
Diffley Road, was temporarily established as the new polling place for Precinct 5
during the 2004 elections.
➢ Since that time, renovations to Mount Calvary Lutheran Church have been
completed. With the completion of these renovations, the facility is now better
suited to serve as the polling place for the voters in Precinct 5 vs. Grace Slavic
Church.
➢ Permission has been received from church staff to move the polling location back to
Mount Calvary.
ATTACHMENTS (1):
U 11 9,71 1
Resolution enclosed on page
CITY OF EAGAN
RESOLUTION
RESOLUTION ESTABLISHING NEW POLLING PLACE FOR PRECINCT FIVE (5)
WHEREAS, in 2004, the City of Eagan established a new polling place for Precinct
5 at Grace Slavic Baptist Church; and
WHEREAS, the polling place for Precinct 5 was previously located at Mount
Calvary Lutheran Church; and
WHEREAS, renovations that were being undertaken at Mount Calvary Lutheran
Church in 2004, which necessitated moving the polling place for Precinct 5 to Grace Slavic
Baptist Church, have been completed resulting in a more suitable polling place,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Eagan that a new polling place be established for Precinct 5 as follows:
Precinct 5 Mount Calvary Lutheran Church
3930 Rahn Road
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its City Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CERTIFICATION
I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th
day of June, 2006.
Maria Petersen, City Clerk
41
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
L. APPROVE THE HIRING OF ORFIELD LABORATORIES TO CONDUCT
THE SECOND PHASE OF THE AIRPORT NOISE STUDY
ACTIONS TO BE CONSIDERED:
To approve the hiring of Orfield Laboratories, Inc. to conduct the second phase of the airport
noise study.
FACTS:
➢ At the recommendation of the Airport Relations Commission, and per the direction of the
Council at the April 18, 2006 City Council meeting, staff has pursued a consulting firm to
conduct the second phase of the airport noise study this summer.
➢ As the Council will recall, in June of 2005, the City Council, at the recommendation of
the Eagan Airport Relations Commission (ARC), hired the consulting firm of Wyle
Laboratories to conduct a baseline noise study for the City of Eagan in advance of the
opening of Runway 17/35.
➢ The 2005 study consisted of gathering noise measurements at ten locations in the
community for a seven-day period in June, 2005.The first phase of the study also
consisted of conducting noise measurements at three MAC Remote Monitoring Towers
(RMTs), and modeling was completed at fifty grid points across the City to analyze the
future noise impact of Runway 17/35.
➢ Per the direction of the Council upon completion of the first phase of the study, $30,000
was budgeted in 2006 for the completion of phase II of the study.
➢ As was noted to the City Council in April, Wyle Labs is not able to complete the second
phase of the study due to the fact that since they completed their work with the City last
summer, they have joined a consulting team that now serves the MAC. As a condition of
being selected as a member of the MAC consulting team, Wyle Labs was required not to
conduct any concurrent business with communities surrounding MSP, including Eagan.
➢ Orfield Laboratories, Inc, an acoustical consulting firm located in Minneapolis, submitted
a proposal to the City to complete the second phase of the airport noise study, using the
same type of monitoring equipment that was used in the first phase, at a cost not to
exceed $30,000.
➢ The study will consist of collecting noise measurements at the same ten locations used in
2005, and measurements will be taken at each site over a seven-day period. The
measurements will be taken between June 12-26, which is the same time of year the
measurements were taken during the first phase of the study.
ATTACHMENTS:
➢ If any member of the City Council would like to view the proposal submitted by Orfield
Labs, please contact the City Administrator's office.
41
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
M. 5 YEAR CAPITAL IMPROVEMENT PLAN (2007-2011)
ACTION TO BE CONSIDERED: Approve the 5-year Capital Improvement Plan for
2007-2011 and authorize the initiation of the public improvement process for the 2007-
programmed improvements.
FACTS:
• At the Council Workshop held on May 9, the Public Works Department presented
a draft of their proposed 5-year Capital Improvement Plan (CIP) for 2007-2011.
After a detailed review and discussion, the Council directed two revisions to the
submitted draft requesting that the proposed Intersection Improvement for Yankee
Doodle Rd at Promenade (2008.2) and the related Arterial & Collector extension
of the 6-lane Yankee Doodle Rd from Promenade to Lexington Ave (2008.6) be
accelerated from 2009 to 2008. The CIP has been revised accordingly and is now
being presented to the Council for their consideration of favorable action.
• After the Council review on May 9, the Public Works Department has identified
two additional improvements for consideration of inclusion in this CIP:
• Replace the roof at the Cliff Rd. south Water Treatment Plant - $40,000
(Water Operations and Facilities, 2007.2)
• Initiate ls` year of 5-year program to replace the System Control And Data
Acquisition (SCADA) radio telemetry equipment used for remote controls and
alarms interconnecting the water treatment plants, reservoirs and wells -
$50,000 (Water Operations & Facilities, 2007.3)
• The draft CIP presented to the Council on May 9 has been revised and updated,
including the financial Pro-Forma and financial analyses.
• With the approval of this 5-year CIP, it would also be beneficial to authorize the
initiation of the public improvement process for those projects programmed for
2007 to allow the appropriate studies, notices and hearings to be completed in
2006 allowing the solicitation of bids in early 2007.
ATTACHMENTS:
• Summary of Proposed 2007 Improvements, pages. _ { and
• Revised 5-year CIP (2007-2011), enclosed without page number.
Llp~
5-yr Capital Improvement Program (2007 - 2011)
2007 scheduled Improvements
($11,295,744)
Revised 6-02-06
LOCATION DESCRIPTION
ARTERIAL & COLLECTORS ($5,398,400)
1. Hwy. 149 (Hwy 55 to IGHts) Upgrade to 4 Lanes with Median & Trail
2. Wescott Rd (Pilot Knob to Denmark) Overlay
3. Deerwood Dr (Blackhawk to Pilot Knob) Full width mill & Overlay
LOCAL STREETS ($1,505,500)
1. Killdeer Addition (Joyce Ct) Overlay
2. Shefield Addition Overlay
3. Thomas Center Dr (Cliff to Thomas Lake Rd) Overlay
4. Fawn Ridge 1st & 2nd Additions Overlay
5. Westbury Addition Overlay
6. Lexington Square Additions Overlay
TRAILS ($331,155)
1. TH 149 (TH 55 to Wescott) New, East side
2. Thomas Lake Rd (Thos Center Dr to Highline trail) New, West side
3. Diffley Rd (Rahn to Balckhawk Rd) New, North side
4. Coachman Rd (Yankee Doodle to 800' south) New, East side
SEALCOAT ($366,589)
563,983 Sq. Yds (Misc locations) Surface Maintenance
INTERSECTION IMPROVEMENTS ($1,925,000)
1. Balckhawk Rd & Deerwood Dr. Signal, New
2. Blackhawk Rd & Silver Bell Rd Signal, New
3. Cliff Rd & Thomas Lake Rd Signal, New
4. Diffley & Rahn Rd Roundabout - Design and Right of Way Acq.
5. Balckhawk Rd & Diffley Rd New Right Turn Lane, Signal revision
6. Lexington Ave & Northview Park Rd Signal, New
7. Wescott Rd & TH 149 Signal, New
LOCATION DESCRIPTION
STREETLIGHTS ($41,000)
1. Galaxie Ave.& Berkshire Dr Upgrade
2. Galaxie Ave. & Covington La. Upgrade (2)
3. Galaxie Ave. & Skyview Ct Upgrade
4. Galaxie Ave. & Safari Pass Upgrade
5. Gemini & Neil Armstrong Blvd. Install
6. Johnny Cake Ridge & Highline Trail xing Install
7. Johhny Cake Ridge & covington Ln. Upgrade (2)
8. Lone Oak Pkwy & Northwest Pkwy Upgrade
9. Kensington Tr. & Lexington Ave. Upgrade
10. Deerwood Dr. & St. John Nuemann Driveways Upgrade (2)
WATER TRUNK DISTRIBUTION ($50,000)
TH 149 (Wescott To Azalea Way -IGHts) 1,000 ft new watermain
WATER SYSTEM OPERATON & FACILITIES ($130,000)
1. Pull & inspect Wells #3 & #17 Rehabilitation
2. Replace roof at Cliff Rd. Water Treatment Plant Renew & Replace
3. 1 st year of 5-yr replacement program - SCADA system Renew & Replace
SANITARY SEWER TRUNK CONVEYANCE ($0)
NONE ANTICIPATED
SANITARY FACILITIES & OPERATIONS ($145,000)
1. 5000 ft @ misc locations New sliplining for root and infiltration control
STORM TRUNK CONVEYANCE ($1,384,000)
Lebanon Hills Regional Park Trunk Storm Outlet
STORM FACILITIES & OPERATIONS ($20,000)
Pond BP-18.4A (Life Time Fitness) Silt Removal
G:TC1CIP'07-11/Proposed 20071mp-ments
V~~
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
N. PROJECT 934, GALAXIE AVE/BLACKHAWK RD AT CLIFF RD
ENGINEERING AND CONSTRUCTION AGREEMENT
ACTION TO BE CONSIDERED: Approve an Agreement with Dakota County for
Engineering and Construction for Project 934 (Galaxie Avenue/Blackhawk Road at Cliff
Road - Intersection Reconfiguration) and authorize the Mayor and Deputy City Clerk to
execute all related documents.
FACTS:
• The reconfiguration of the intersection of Cliff Road (County State Aid Highway 32)
and Blackhawk Road/Galaxie Avenue with associated traffic signal improvements
has been programmed for 2006 in the City's and Dakota County's 5-Year Capital
Improvement Programs.
• The intersection currently includes a left-turn lane and a shared through/right-turn
lane for Blackhawk Road and Galaxie Avenue. The traffic signal has permissive left
turns (No arrows) for Blackhawk Road/Galaxie Avenue. The intersection operates at
an overall acceptable level of service during peak hour conditions. However, Galaxie
Avenue experiences heavy delays during the morning peak hour. In addition, both
Blackhawk Road and Galaxie Avenue operate poorly during the evening peak. The
poor operations are due to the high number of left-turns from Blackhawk
Road/Galaxie Avenue on to Cliff Road.
• An agreement between the City of Eagan and the Dakota County Transportation
Department has been prepared providing for the construction cost, maintenance, and
operation of the proposed street, trail and traffic signal improvements. As set forth in
the agreement, the City's financial share of the improvements to Galaxie Avenue and
Blackhawk Road is 100% since they are local streets. The City's share of the
improvements to Cliff Road is 45% (50% for the traffic signal) of the construction,
engineering, and inspection costs (Estimated Total Project Cost = $310,000; City
Share = $225,000).
• City staff and the City Attorney have reviewed this agreement and found it to be in
order for favorable Council action.
51
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
0. PROJECT 768, NORTHWOOD PARKWAY - RING ROAD
BRIDGE & STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Authorize the preparation of detailed plans and
specifications for Project 768 (Northwood Parkway, Ring-Road Extension - Bridge &
Street Improvements) and the associated contract with SRF Consulting Group, Inc.
FACTS:
• $1 million from the 2005 Federal Transportation Appropriations Bill was allocated
for the City of Eagan to use towards the construction of the Ring Road. One of the
portions of the Ring Road remaining to be constructed includes the Northwood
Parkway bridge overpass at Interstate 35-E, without any direct connections to the
interstate.
• While the current $1 million funding falls short of the total construction cost for the
overpass, it is in the best interest of the City to use the funding for preparation of
detailed plans & specifications, advancing this improvement to a "Project Ready"
status enhancing its ranking for future funding opportunities.
• Conditions of the federal funding include a requirement that the City formally solicit
proposals from qualified engineering consultants to prepare the detailed plans &
specifications for the overpass construction.
• Proposals from five qualified consulting firms were reviewed by a panel of City
Engineering staff and a MnDOT Bridge Engineer.
• Based on the contents of five proposals received, it is in the best interest of the City
to authorize SRF Consulting Group, Inc. to prepare detailed plans & specifications
for this project.
5Z
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
P. AUTHORIZE NEGOTIATIONS FOR ACQUISITION OF PROPERTY
OUTLOT A, YANKEE PLAZA
ACTION TO BE CONSIDERED: Authorize negotiations by City staff for acquisition
of property located within Yankee Plaza Addition as identified in Eagan Right of Way
Map No. 669-2 (Official Map of Duckwood Drive - Ring Road Concept).
FACTS:
• On June 1, 2004, the City Council approved the Official Mapping (Eagan Right of
Way Map No. 669-2) of Duckwood Drive, east and west of Interstate 35E. The map
was recorded with Dakota County.
• The map designated land needed for the future roadway improvement of the
Duckwood Drive overpass bridge, as identified in the Ring Road concept plan in the
City's Comprehensive Plan.
• Outlot A, Yankee Plaza, west of I-35E, was one of the properties designated as
needed for the future Duckwood Drive improvements. Roughly one-half of the
property is designated for future public right-of-way.
• On May 18, 2006, the City received a letter from Mr. Tom Gallagher of Trusek,
LLC, representing the property owner of Outlot A, Yankee Plaza, requesting to enter
into negotiations for acquisition of the portion of the property designated.
• The Official Mapping process allows the City to reserve future rights of way and
requires the City to proceed with acquisition when requested by the property owner.
Based on the previous action by the City Council and in accordance with the City's
Comprehensive Plan, it would be appropriate to authorize City staff to enter into
negotiations for acquisition of this right-of-way on Outlot A, Yankee Plaza, as
designated on Eagan Right-of-Way Map 669-2.
ATTACHMENTS:
i
• Right of way map 669-2, enclosed on page
d EIONx L~
3 Sm
N s ?e sS q~~s- E
d OUT
0 22,
to Y g 3~ a
u
6
fill,
92
s / -
avow BONN 1011d - ~
9 $ C1ZxR p60.6aAtl B9l 1tl 12
W ~ 'C9 liiY*a I-I -
I16 It ' !9 1 b a_-`Z9t tl a
L F --N.iE.9[AS I IL9l-05 99 }3.tl.d ~
TE~
np 2 £9 d"d T ~[Z9 ~-J9 lSCN!« ~y~~ I
s § o r_ I z W0 I / I/1
0§ a§- I I III o
ED zs a~ ~8 I III I Q ~ I I I
II I i
w e e i 3 --I ~ I
n~~ ~ 6 RR■E I r~ ~a~ J-y _ ~ = I eNl~~: i
ip fS■ O tll y .i. - O Lse.aoa 9~O B
-
b ro ,.K .
3AIua 3901alS3aD
-18~~9 ~t ~g,~ ~s6~ N e _ I ~~j. a- I I~~ I i
I I
s
Lj~
%Sis 9 ~ Ia r°~ °8c~u I I
~3sa f'` E I " I, i s
lls 06 U'
III i
as~S ~9 ro ~ ~ 8$
Pal 8 s 6a 1 f
use 9 € ~ I I
Fj
I I I C I I
I ~ III
~ II
I
I III
d~ I ~ I , I
- - - ~v~ I a.a0sca s M/a
C9Z91 I
II - II ~ ~ ~is4s
b I I
II - I ~b'o
"a leo>
o ~ ~I I I
.I
I
- m'S21 e~ 14,
69199 pIM4K ---~p 8:
3nlaa Iva303J _ _ _
8 tVS S
L---I--~---_
I + a I
ZW
I : i'0194SS - a 'ere•»zezz
jx i
wywsw n avx GWro w
,ulunuN ~I io7 poop
at pn•+- s/i w• & a
•r rz v'x tzi----~
W
J
o .5
Agenda Information Memo
June 6, 2006
Q. CONTRACT 06-02, CITYWIDE
STREET & SIDEWALK IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 06-02
(Citywide - Street & Sidewalk Improvements) and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Contract 06-02 provides for the bituminous overlay of the streets in the Saddlehorn/
Sunset/ Town Centre Drive/ Golfview Drive neighborhoods, the sidewalk and traffic
calming improvements of Denmark Avenue, Wescott Road to Duckwood Drive, and
the bituminous overlay of Alexander Road and upgrade of Meadowview Road.
• Change Order No. 2 provides for the relocation of existing drain tile, the replacement
of two catch basin castings, and the increased size of the dynamic speed display sign
on Denmark Avenue (City Project No. 786), not originally anticipated under the
original contract.
• The relocation of the drain tile will provide for proper drainage of the Denmark
Avenue subgrade, reducing the potential for freeze/ thaw damage to the street surface
(ADD $6,655).
• The replacement of the catch basin castings will provide for proper surface drainage
within the proposed rain garden areas along Denmark Avenue (ADD $840).
• The increased size of the dynamic speed display sign will provide higher visibility
and warning to vehicles at a greater distance from the sign (ADD $1,582).
• The cost of the additional work is consistent with bid prices received for relevant bid
items on other projects within the city and metropolitan area.
• The change order has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
• The change order provides for a cost increase of $9,497 (0.8% of original contract).
100% of the costs will be financed through the City's Major Street Fund in
accordance with the feasibility report for Project 786.
55
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
R. APPROVE THE APPOINTMENT OF CURRENT AIRPORT
RELATIONS COMMISSION (ARC) ALTERNATE STEVE BESEKE TO A
ONE-YEAR TERM ON THE ARC TO A FILL THE VACANCY
RESULTING FROM A RESIGNATION ON THE COMMISSION
ACTIONS TO BE CONSIDERED:
To appoint ARC alternate Steve Beseke to a one-year term on the ARC to fill the vacancy
that resulted from the resignation of ARC member Dan Flanagan.
FACTS:
➢ The City Council accepted the resignation of Commissioner Dan Flanagan from
the Airport Relations Commission on May 16, 2006.
➢ Mr. Flanagan's term on the ARC would have expired in April 2007, and thus,
provided the alternate can fill his term, a 3-year appointment will then be
available in April 2007.
➢ In accordance with the City Council's Commission policy, it is proposed that the
current ARC alternate, Steve Beseke, be appointed to a one-year term to serve the
remainder of Commissioner Flanagan's 3-year term.
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
S. OUTLOT A, EAGAN WOODS OFFICE ADDITION
EASEMENT VACATION
ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of public
right-of-way (Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition
and schedule a public hearing to be held on July 5, 2006.
FACTS:
• On May 22, 2006, City staff received a petition from James F. Morrison, Attorney
representing Eagan Woods I, LLC, requesting the vacation of a portion of existing
right-of-way (Eagan Woods Drive) within Eagan Woods Office Park Addition,
northwest of the intersection of Pilot Knob Road and Buffet Way.
• The public right-of-way was dedicated as part of the Eagan Woods Office Park
Addition plat for the future construction of public street to serve the area, now largely
developed as office uses. The public streets serving the area have been constructed in
areas outside this public right-of-way.
• On December 15, 1998, a similar right-of-way vacation was approved by the City
Council on the property to the south, Lot 1, Block 1, Corporate Woods, in
anticipation of development.
• The purpose of the request is to allow the property owner to incorporate the excess
right-of-way, if approved by the Council, into future development of the property.
• Notices for a public hearing will be published in the legal papers and sent to all
potentially affected and/or interested parties for comment prior to the scheduled
public hearing.
ATTACHMENTS-
• Location Map, page 5E~.
• Easement Vacation Exhibit, page 59 .
5`7
YENDOTA HEIGHTS
INTERSTATE 494
Q Eagan Woods c
M Office Park
LKJ
0
O
Z
Y
'7 O
J LONE OAK ROAD
a
r
J
~ Q
z
0
I
CD
z
w
1(~ J
Tq
F
y~
d
YANKEE DOODLE ROAD YANKEE C
~Pr~ ate.
s~
T
SILVER BELL RD. SY
7 kAAZ
Q LIJ
Q
U ~
ZO ranMCw ra
DR pxnc Z
OE X
W
J
DIFFLEY ROAD DIFFLEY ROAD
Outlot A - Eagan Woods Office Park
City of Eap Proposed Easement Vacation 5-22-06
Engineering Department Location Map 5F5
/
1 NORTH
/ May 22, 2006
/ q
/ G
q
/
/ O,c N
/
o0
E
/
q
/
/ R
I
I
I
Parcel A
That part of Eagan Woods Drive, as dedicated in the plat of Eagan ods
j Office Park, according to the recorded plat thereof, Dakota County,
Minnesota, tying easterly of a line 50.00 feet easterly of an parallel wt i the
west line of said Eagan Woods Drive.
"Parcel A"
CU
0
>
O 0
~ Eagan =
oo
0
°o / S Blvd.
/I /Z
Parcel B
Parcel B
That part of Eagan Woods Boulevard, as dedicated in the plat of Eagan
Woods Office Park, according to the recorded plat thereof, Dakota County,
0) Minnesota, lying easterly of a line 50.00 feet easterly of and parallel with
ca the west line of Eagan Woods Drive.
W
00' o-~ e
5~
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
T. APPROVE COMMENTS REGARDING ROSEMOUNT COMPREHENSIVE
GUIDE PLAN AMENDMENTS
ACTION TO BE CONSIDERED:
To approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment
for properties located on Hwy 3.
FACTS:
➢ The City of Rosemount has distributed notices of Comprehensive Guide Plan Amendments to
reguide a property located on Hwy 3 and Bonaire Path from RR Rural Residential to UR Urban
Residential. Adjacent municipalities and affected agencies may comment on such amendments.
➢ While the property is not directly adjacent to the City of Eagan, staff is recommending that the
City Council authorize the submission of the following comment on the City's behalf
The City of Eagan is recognizes that pressure for development will result in continued
development in the City of Rosemount and other communities to the south and east of Eagan.
The City is concerned about the traffic impacts of continued development that will affect
Hwy 3, Hwy 52 and Hwy 55 and believes that there is a need for the cities, Dakota County,
the region and the state to cooperatively address the need for transportation improvements in
this part of the County and region between County Road 42 and I-494.
ATTACHMENTS:
➢ Location map on page V/ I
N ~ O
W N
a ~
O ~
O d
0 i ~f'Jt/8 OaK3b'8 --------4
O
O IL N
a
N
SONG N
F
a > m
® m m v'
U O c c cly- _
r
c -0 m -
C m m Y i r y
c as a
C ID
32
4,t aSa
z 0. wm
0 a-
'Lr 0. m r
m _
Ix c C O _
ID m C - / f
3
tC
75 A!
m
It
1^ file
f `
c c 1 i
to co m 0 O ! 7 j;
r' »ZwIX
' o cQi 3 s> r` i f
nncoaa
t h 0
~4/ I `
Agenda Memo
June 6, 2006 Eagan City Council Meeting
V. 2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT
ACTION TO BE CONSIDERED:
To receive and accept the 2005 Comprehensive Annual Financial Report (CAFR).
FACTS:
• The CAFR for the year ended December 31, 2005 has been completed and the audit
by Kern, DeWenter, Viere, Ltd. (KDV) has been performed.
• KDV has expressed an "unqualified opinion"-the best opinion that can be given-
on the financial statements.
• A brief PowerPoint presentation reviewing the charts and tables included in KDV's
"Memorandum on Financial Analysis Information, Accounting Policies and
Procedures and Internal Control" will be made by Matt Mayer of KDV.
• Mr. Mayer, Director of Administrative Services VanOverbeke, and Chief Financial
Officer Pepper will be available to answer questions.
ATTACHMENTS:
• 2005 CAFR (without page number)
• KDV's "Memorandum on Financial Analysis Information, Accounting Policies and
Procedures and Internal Control" (without page number)
Agenda Memo
Eagan City Council Meeting
June 6, 2006
Public Hearing
A. SOUTHEAST EAGAN REDEVELOPMENT PLAN, TAX
INCREMENT FINANCING DISTRICT AND TAX INCREMENT
FINANCING PLAN
ACTION TO BE CONSIDERED: To close the public hearing and direct findings of
fact to approve a Resolution Adopting a Redevelopment Plan for Southeast Eagan
Redevelopment Project Area No. 1, a Resolution Establishing Southeast Eagan Tax
Increment Financing District No. 1 therein and a Resolution Adopting a Tax Increment
Financing Plan for the District.
FACTS:
• The City of Eagan has reviewed the appropriate land use for an area in the
southeast part of the City in the vicinity of Gun Club Road and Biscayne Avenue
for a number of years. As part of its Comprehensive Plan Update, the City guided
and zoned a portion of the area to retail commercial and neighborhood business in
anticipation of potential development and redevelopment of the area in the
foreseeable future.
• When Revestors and Manley Development expressed interest in developing a
portion of the area, the City entered into a predevelopment agreement with the
companies to study the possibility of creating a redevelopment district in the
southeast area of Eagan at the southeast corner of Hwy 3 and Red Pine Lane. The
purpose of the agreement was to encourage the developers to identify a
masterplan approach to the property and to review the substandard conditions and
financial assumptions associated with the potential creation of a redevelopment
district to encourage the development of the property and the redevelopment of
parcels that are non-conforming with the current guide and zoning designations
for the area.
• At the same time, the City commissioned a Substandard Conditions Study by
LHB Associates, which determined that the area could qualify as a Renewal and
Renovation District under the TIF statute, if the EDA and City Council make
appropriate findings to that effect.
• Revestors has prepared a prospective masterplan for the development of the site o
illustrate how the currently proposed portion of the Red Pine development could
extend by phases into the remainder of the prospective District.
• Revestors submitted a request for the City to consider creation of a Renovation
and Renewal TIF District and to consider the use of proceeds for such a district to
assist with extraordinary costs associated with the prospective development and
redevelopment.
(4Z
• The City Council scheduled a public hearing to consider creation of the TIF
district, project area and plan on June 6, 2006. Previous to this time, the Advisory
Planning Commission considered the item on April 26, 2006 and took action to
determine that the redevelopment plan is consistent with the City's
Comprehensive Guide Plan and Zoning for the property. The EDA considered
the matter on May 16, 2006 and acted to approve the Redevelopment Plan,
Project Area and District Creation. Under the TIF statute, following these actions
by the other bodies, the City Council holds the public hearing to consider formal
approval of these action items.
• Background concerning the district and plans is outlined in the attachments.
ATTACHMENTS:
• Summary description of district on pages(05 through (408
• Summary of substandard conditions on page -
• Consultant's But For memo on page 7Q
• Consultant's memo regarding the impacts of eminent domain changes on the
formation of the district on page
• Resolution on pages 72_ through Jk
• TIF Plan and Redevelopment Plan enclosed without page.
• Location Map and Pictometry on pages through la
t44
Ehlers & Associates, Inc.
Tax Increment Financing District Overview
City of Eagan
Southeast Eagan Tax Increment Financing District
No. 1
The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for
Southeast Eagan TIF District No. 1. More detailed information on each of these topics can be found in the
complete TIF Plan.
Proposed action: Establishment of Southeast Eagan TIF District No. 1 (District) and the
adoption of a Tax Increment Financing Plan (TIF Plan).
Adoption of a Redevelopment Plan for Southeast Eagan
Redevelopment Project Area No. 1.
Type of TIF District: A renewal and renovation district
Parcel Numbers: 103180005001
*a portion of 100360002179
103180004001
103180003001
100360002279
103180002001
103180001001
*Please note that this parcel is currently in the process of being
subdivided and will be assigned a new parcel number.
Proposed Development: The District is being created to facilitate the construction of a
commercial and retail project in the City
Maximum duration: The duration of the District will be 15 years after receipt of the first
increment by the EDA or City (a total of 16 years of tax increment).
The date of receipt by the City of the first tax increment is expected to
be 2008. Thus, it is estimated that the District, including any
modifications of the TIF Plan for subsequent phases or other changes,
would terminate after 2023, or when the TIF Plan is satisfied
Estimated annual tax Up to 245,879
increment:
Proposed uses: The TIF Plan contains a budget that authorizes the maximum amount
that may be expended:
Land/Building Acquisition ...............................................$550,000
Site Improvements/Preparation ........................................$350,000
Public Utilities ..................................................................$200,000
Public Parking Facilities ...................................................$100,000
Streets and Sidewalks ......................................................:$300,000
Interest $1,470,000
Administrative Costs (up to 10%) ....................................$330,000
TOTAL PROJECT COSTS
See Subsection 1-10, page 1-6 of the TIF Plan for the full budget
authorization. Additional uses of funds are authorized which include
inter-fund loans and transfers and bonded indebtedness.
1
TIF District Overview
Form of financing: Pay-as-you-go note
Administrative fee: Up to 10% of annual increment, if costs are justified.
4 Year Activity Rule After four years from the date of certification of the District one of the
469.176 Subd 6) following activities must have been commenced on each parcel in the
District:
• Demolition
• Rehabilitation
• Renovation
• Other site preparation (not including utility services such as
sewer and water)
• If the activity has not been started by the approximately June
2010, no additional tax increment may be taken from that
parcel until the commencement of a qualifying activity.
5 Year Rule Within 5 years of certification revenues derived from tax increments
469.1763 Subd 3) must be expended or obligated to be expended. Tax increments are
considered to have been expended on an activity within the District if
one of the following occurs:
• The revenues are actually paid to a third party with respect to
the activity
• Bonds; the proceeds of which must be used to fmance the
activity, are. issued and sold to a third party, the revenues are
spent to repay the bonds, and the proceeds of the bonds either
are reasonably expected to be spent before the end of the later
of (i) the five year period, or (ii) a reasonable temporary period
within the meaning of the use of that term under 148(c)(1) of
the Internal Revenue Code, or are deposited in a reasonably
required reserve or replacement fund
• Binding contracts with a third party are entered into for
performance of the activity and the revenues are spent under
the contractual obligation
• Costs with respect to the activity are paid and the revenues are
spent to reimburse for payment of the costs, including interest
on unreimbursed costs.
Any obligations in the Tax Increment District made after
approximately June, 2011, will not be eligible for repayment from tax
increments.
The reasons and facts supporting the findings for the adoption of the TIF Plan for the District are
included in Exhibit A of the City Council Adopting Resolution.
Page 2
TIF Disbud Overview
MAP OF SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. I
AND SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. I
Page 3
U
W
e.s
® RepmpaMa
0 250 500
Feet
SOUTHEAST EAGAN REDELOPM ENT
PROJECT AREA NO.1
SOUTHEAST EAGAN TIF DISTRICT NO.1
CITY OF EAGAN
COUNTY OF DAKOTA
STATE OF MINNESOTA
1 -1
Ol
dill ^ ;e o
~ E W
zits tO a
3
9 m
E
a
u o h 8 g cc
d
~au yt ~ r'n
a o p
~ c
o
c O
5 -I x c E
a
s
a e
W C ~
gad o e a
.1- 8 R a o
s88
ma; u E
o
cc 6
u
g 9 ° $ S a
s
Oo
K
u
gia g 8 g
4.0 S
Q m~
os .
Zu_. ga oo x
m
w g~~ e = ji c
Q C N Jos-
uj °a o
eQ w sps x n o x x x x d
CO) p a a d
Q U) q 10
o a
Sa
2 OC a e~p K ~ ~ s
0 (A
3 .
g` ss s`
$Y s s s s p a
j'~ m' m m m' s
Fa z z° z z° a ~ ~
n
go`
S ~
Pj c 2 c
. E > ; > E' E E
E Y Y S g P
$ 3 e
r
r$/
t ~ 5 r
a= 9: Y c ~ o
8 $ 8 0 8 c
n $ ~ Z
g ~ U
0
O
g a`
g z° ~
® c r o LVV J
EHLERS
& ASSOCIATES INC
O To: Jon Hohenstein Community Development Director, City of Eagan
C From: Rebecca Kurtz, Ehlers & Associates
W Date: May 11, 2006
Subj ect: Red Pine Crossing - But-For Analysis
The City has received from the developers of the Red Pine Crossing Project a request for
Tax Increment assistance. The City has asked Ehlers & Associates to review the developer's
financials to determine if the level of the assistance requested is needed to make the project
financially feasible. The developer provided to Ehlers financial information that contained
details regarding expenses, revenues and other pertinent financial information as well as a
sources and uses for various sizes of projects. After we reviewed this material, we met with
the developer's representatives to discuss and review the information provided.
Using the information provided to us, we prepared an Internal Rate of Return Analysis for
the project. Based on the information provided, we have determined the gap that is caused by
the redevelopment issues. We have also determined the level of assistance needed to be
within acceptable ranges of industry standards and to make the project financially feasible.
Please let me know if you have any questions or comments, or if we can be of further
assistance on this matter.
7D
LEADERS IN PUBLIC FINANCE
3066 Centre Pointe Drive Phone: 651 697-8507 Fax: -6 -5-1 6 8555
Roseville, MN 55113-1105 sid@ehlers-inc.com
EHLERS
& ASSOCIATES INC
To: Jon Hohenstein, City of Eagan
O
0 From: Rebecca Kurtz, Ehlers & Associates
W Date: May 5, 2006
Subject: Impacts of Eminent Domain on the proposed Southeast Eagan TIF District
As you are aware, the City Council is scheduled to hold a public hearing for the
establishment of the Southeast Eagan Tax Increment Financing District on June 6, 2006. The
TIF Plan and inspection process to qualify for a renewal and renovation district has followed
Minnesota Statutes as they read at this time.
As part of the eminent domain discussion at the Legislature, there is proposed language in
the House Eminent Domain Bill (HF 2846/SF 2750), which proposes new standards for
determining blight. If this language was adopted, and depending on when the new language
would be effective, it could impact the blight standards that were used to qualify the
proposed TIF District as a renewal and renovation district.
Ehlers & Associates along with the City's attorneys have been monitoring the Legislature's
actions and the potential effect on the proposed project. While we recognize that legislative
action may impact your ability to proceed, at this time we are recommending that the City
continue to move forward with the process to establish the TIF District.
Please do not hesitate to contact me at 651-697-8516 if you have questions or concerns.
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive Phone: 651-697-8516 Fax: 651-697-8555
Roseville, MN 55113-1105 rkurtzCehlers-inc.com
CITY OF EAGAN
DAKOTA COUNTY
STATE OF MINNESOTA
Council member introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING A REDEVELOPMENT PLAN FOR SOUTHEAST
EAGAN REDEVELOPMENT PROJECT AREA NO. 1; AND ESTABLISHING
SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO.1 THEREIN
AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR.
BE IT RESOLVED by the City Council (the "Council") of the City of Eagan, Minnesota (the "City"),
as follows:
Section 1. Recitals
1.01. It has been proposed by the Board of Commissioners (the "Board") of the Eagan Economic
Development Authority (the "EDA") and the City that the City establish Southeast Eagan Redevelopment
Project Area No. I and adopted the Redevelopment Plan therefor (the "Redevelopment Plan"). And establish
Southeast Eagan Tax Increment Financing District No. 1 (the "District") therein and adopt a Tax Increment
Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan and the TIF Plan are referred to collectively
herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes,
Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as
reflected in the Plans, and presented for the Council's consideration.
1.02. The EDA and City have investigated the facts relating to the Plans and have caused the Plans
to be prepared.
1.03. The EDA and City have performed all actions required by law to be performed prior to the
establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to,
notification of Dakota County and Independent School District No. 196 having taxing jurisdiction over the
property to be included in the District, a review of and written comment on the Plans by the City Planning
Commission, approval of the Plans by the EDA on May 16, 2006, and the holding of a public hearing upon
published notice as required by law.
1.04. Certain written reports including a Report of Inspection Procedures and Results for
Determining Qualifications of a Tax Increment Financing District as a Renewal and Renovation District. LHB,
Inc. March 31, 2006 and the City of Eagan Comprehensive Guide Plan Update of 2000 (the "Reports") relating
to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants
and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports
include data, information and/or substantiation constituting or relating to the basis for the other findings and
determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which
are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full
herein.
72
Section 2. Findings for the Adoption and Approval of the Plans
2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the
effect of such actions will be, to provide an impetus for development in the public interest and accomplish
certain objectives as specified in the Plans, which are hereby incorporated herein.
Section 3. Findings for the Establishment of Southeast Eagan Tax Increment Financing District No. 1
3.01. The Council hereby finds that the District is in the public interest and is a "renewal and
renovation district" under Minnesota Statutes, Section 469.174, Subd. 10a.
3.02. The Council further finds that the proposed redevelopment would not occur solely through
private investment within the reasonably foreseeable future and that the increased market value of the site that
could reasonably be expected to occur without the use of tax increment financing would be less than the
increase in the market value estimated to result from the proposed development after subtracting the present
value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment
Financing Plan, that the Plans conform to the general plan for the development or redevelopment of the City as
a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a
whole, for the development or redevelopment of the District by private enterprise.
3.03. The Council further finds, declares and determines that the City made the above findings
stated in this Section and has set forth the reasons and supporting facts for each determination in writing,
attached hereto as Exhibit A.
3.04. The Eagan Economic Development Authority elects to calculate fiscal disparities for the
District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal
disparities contribution would be taken from inside the District.
Section 4. Public Purpose
4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help
fulfill a need to redevelop an area of the State of Minnesota which is underutilized and that the adoption of the
proposed Plans will preserve and enhance the tax base of the City and the State because it will facilitate the
redevelopment of areas with the substandard buildings and obsolete land use and promote commercial
development in the area. For the reasons described in Exhibit A, the City believes these benefits directly
derive from the tax increment assistance provided under the Plan. The developer will receive only the
assistance needed to make this development financially feasible. As such, any private benefits received by the
developer are incidental and do not outweigh the primary public benefits.
Section 5. Approval and Adoption of the Plans
5.01. The Plans, as presented to the Council on this date, including without limitation the findings
and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and
shall be placed on file in the office of the City Administrator.
5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to
proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its
consideration all further plans, resolutions, documents and contracts necessary for this purpose.
5.03 The Auditor of Dakota County is requested to certify the original net tax capacity of the
-13
District, as described in the Plans, and to certify in each year thereafter the amount by which the original net
tax capacity has increased or decreased; and the Eagan Economic Development Authority is authorized and
directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may
specify, together with a list of all properties within the District, for which building permits have been issued
during the 18 months immediately preceding the adoption of this resolution.
5.04. The City Administrator is further authorized and directed to file a copy of the Plans with the
Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to
Minnesota Statutes 469.175, Subd. 4a.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: June 6, 2006
ATTEST:
Mayor City Administrator
(Seal)
714
EXHIBIT A
RESOLUTION NO.
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for
Southeast Eagan Tax Increment Financing District No. 1 (District), as required pursuant to Minnesota Statutes,
Section 469.175, Subdivision 3 are as follows:
1. Finding that Southeast Eagan Tax Increment Financing District No. I is a renewal and renovation district
as defined in M.S., Section 469.174, Subd. 10a.
The District consists of 7 parcels, with plans to redevelop the area for commercial/retail purposes. An
inventory shows that more than 70% of the area of the District consists of occupied parcels. To be occupied,
at least 15% of the area of the parcel is covered by buildings, streets, utilities, paved or gravel parking lots, or
other similar structures. An inspection of the buildings located within the District finds that more than 20%
of the buildings are structurally substandard as defined in the TIF Act. An inspection of the buildings located
within the District finds that more than 30% of the other buildings require substantial renovation or clearance
to remove existing conditions such as defined in the TIF Act.
2. Finding that the proposed development, in the opinion ofthe City Council, would not reasonably be expected
to occur solely through private investment within the reasonably foreseeable future and that the increased
market value of the site that could reasonably be expected to occur without the use of tax increment
financing would be less than the increase in the market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the maximum duration of
the District permitted by the TIF Plan.
The proposed development, in the opinion of the City, would not reasonably be expected to occur solely
through private investment within the reasonably foreseeable future: This finding is supported by the fact
that the redevelopment proposed in the TIF Plan meets the City's objectives for redevelopment. The
proposed development includes retail and commercial development, and complies with the proposed master
plan for the area. Due to the high cost of redevelopment on the parcels currently occupied by substandard
buildings, the limited amount of commercial/industrial property for expansion adjacent to the existing
project, the incompatible land uses at close proximity, and the cost of financing the proposed improvements,
this project is feasible only through assistance, in part, from tax increment financing. Redevelopment
expenses totaling at least $330,000 have been identified for Phase I. Additional redevelopment expenses may
be incurred in future phases, and the City will analyze the need for assistance at the time of the development.
These expenses include land acquisition, demolition, and site preparation.
The developer was asked for and provided a letter and a proforma as justification that the developer would
not have gone forward without tax increment assistance. (See attachment in Appendix G of the TIF Plan.)
The increased market value of the site that could reasonably be expected to occur without the use of tax
increment financing would be less than the increase in market value estimated to resultfrom the proposed
development after subtracting the present value of the projected tax increments for the maximum duration of
the District permitted by the TIFPIan: This finding is justified on the grounds that the cost of site and public
improvements and utilities add to the total redevelopment cost. The site currently contains properties and
buildings that qualify as blighted and substandard under the Tax Increment Law, as documented in the report
provided by LHB. Historically, site and public improvements costs in this area have made redevelopment
infeasible without tax increment assistance. A Master Plan for the area has been completed, and the City has
goals to redevelopment the area. Therefore, the City reasonably determines that no other redevelopment of
similar scope is anticipated on this site without substantially similar assistance being provided to the
-15
development.
A comparative analysis of estimated market values both with and without establishment of the District and
the use of tax increments has been performed as described above. If all development which is proposed to be
assisted with tax increment were to occur in the District, the total increase in market value would be up to
$22,907,100. The present value of tax increments from the District is estimated to be $1,573,694. It is the
Council's finding that no development with a market value of greater than $21,333,406 would occur without
tax increment assistance in this district within 25 years. This finding is based upon evidence from general
past experience with the high cost of acquisition and public improvements in the general area of the District.
(See Cashflow in Appendix D of the TIF Plan.)
3. Finding that the TIF Plan for the District conforms to the general plan for the development or
redevelopment of the municipality as a whole.
The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general
development plan of the City.
4. Finding that the TIFPlan for the District will afford maximum opportunity, consistent with the sound needs
of the City as a whole, for the development or redevelopment of Southeast Eagan Redevelopment Project
Area No. I by private enterprise.
The project to be assisted by the District will preserve and enhance the tax base of the City and the State.
W
Draft as of May 8, 2006
TAX INCREMENT FINANCING PLAN
for the establishment of
SOUTHEAST EAGAN TAX INCREMENT
FINANCING DISTRICT NO. 1
(a renewal and renovation district)
within the
SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. 1
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
CITY OF EAGAN
DAKOTA COUNTY
STATE OF MINNESOTA
Public Hearing: June 6, 2006
Adopted:
E H L E R S Prepared by: EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105
& A S S O C I A T E S I N C 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com
TABLE OF CONTENTS
(for reference purposes only)
SECTION I - TAX INCREMENT FINANCING PLAN FOR
SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. 1 1-1
Subsection 1-1. Foreword 1-1
Subsection 1-2. Statutory Authority 1-1
Subsection 1-3. Statement of Objectives 1-1
Subsection 1-4. Redevelopment Plan Overview 1-1
Subsection 1-5. Description of Property in the District and Property To Be Acquired . 1-2
Subsection 1-6. Classification of the District 1-2
Subsection 1-7. Duration of the District 1-3
Subsection 1-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/Increment and Notification of Prior Planned Improvements 1-3
Subsection 1-9. Sources of Revenue/Bonded Indebtedness 1-4
Subsection 1-10. Uses of Funds 1-5
Subsection 1-11. Fiscal Disparities Election 1-6
Subsection 1-12. Business Subsidies 1-7
Subsection 1-13. County Road Costs 1-8
Subsection 1-14. Estimated Impact on Other Taxing Jurisdictions 1-8
Subsection 1-15. Supporting Documentation 1-10
Subsection 1-16. Definition of Tax Increment Revenues 1-11
Subsection 1-17. Modifications to the District 1-11
Subsection 1-18. Administrative Expenses 1-12
Subsection 1-19. Limitation of Increment 1-12
Subsection 1-20. Use of Tax Increment 1-13
Subsection 1-21. Excess Increments 1-14
Subsection 1-22. Requirements for Agreements with the Developer 1-14
Subsection 1-23. Assessment Agreements 1-14
Subsection 1-24. Administration of the District 1-14
Subsection 1-25. Annual Disclosure Requirements 1-15
Subsection 1-26. Reasonable Expectations 1-15
Subsection 1-27. Other Limitations on the Use of Tax Increment 1-15
Subsection 1-28. Summary 1-16
APPENDIX A
PROJECT DESCRIPTION A-1
APPENDIX B
MAP OF THE SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. 1 AND
SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT B-1
APPENDIX C
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT C-1
APPENDIX D
ESTIMATED CASH FLOW FOR THE DISTRICT D-2
APPENDIX E
MINNESOTA BUSINESS ASSISTANCE FORM E-1
APPENDIX F
REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT F-1
APPENDIX G
BUT/FOR QUALIFICATIONS G-1
SECTION I - TAX INCREMENT FINANCING PLAN FOR
SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. 1
Subsection 1-1. Foreword
The Eagan Economic Development Authority (the "EDA"), the City of Eagan (the "City"), staff and
consultants have prepared the following information to expedite the establishment of the Southeast Eagan
Tax Increment Financing District No. 1 (the "District"), a renewal and renovation tax increment financing
district, located in the Southeast Eagan Redevelopment Project Area No. 1.
Subsection 1-2. Statutory Authority
Within the City, there exists areas where public involvement is necessary to cause development or
redevelopment to occur. To this end, the EDA and City have certain statutory powers pursuant to Minnesota
Statutes ("MS.'), Sections 469.001 to 469.047, and Sections 469.090 to 469.1082, inclusive, as amended,
and M.S., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF
Act"), to assist in financing public costs related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant
information is contained in the Redevelopment Plan for the Southeast Eagan Redevelopment Project Area
No. 1.
Subsection 1-3. Statement of Objectives
The District currently consists of 7 parcels of land and adjacent and internal rights-of-way. The District is
being created to facilitate the construction ofa commercial and retail project in the City. Please see Appendix
A for further project information. Contracts for this have not been entered into at the time of preparation of
this TIF Plan, but development is likely to occur in 2006. This TIF Plan is expected to achieve many of the
objectives outlined in the Redevelopment Plan for the Southeast Eagan Redevelopment Project Area No. 1.
The activities contemplated in the Redevelopment Plan and the TIF Plan do not preclude the undertaking of
other qualified development or redevelopment activities. These activities are anticipated to occur over the
life of the Southeast Eagan Redevelopment Project Area No. 1 and the District.
Subsection 1-4. Redevelopment Plan Overview
1. Property to be Acquired - Selected property located within the District may be acquired by
the EDA or City and is further described in this TIF Plan.
2. Relocation - Relocation services, to the extent required by law, are available pursuant to
M.S., Chapter 117 and other relevant state and federal laws.
3. Upon approval of a developer's plan relating to the project and completion of the necessary
legal requirements, the EDA or City may sell to a developer selected properties that it may
acquire within the District or may lease land or facilities to a developer.
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-1
4. The EDA or City may perform or provide for some or all necessary acquisition, construction,
relocation, demolition, and required utilities and public street work within the District.
Subsection 1-5. Description of Property in the District and Property To Be Acquired
The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the
parcels listed in Appendix C of this TIF Plan. See the map in Appendix B for further information on the
location of the District.
The EDA or City may acquire any parcel within the District including interior and adjacent street rights of
way. Any properties identified for acquisition will be acquired by the EDA or City only in order to
accomplish one or more of the following: storm sewer improvements; provide land for needed public streets,
utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to
accomplish the uses and objectives set forth in this plan. The EDA or City may acquire property by gift,
dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF
Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition
and related costs.
Subsection 1-6. Classification of the District
The EDA and City, in determining the need to create a tax increment financing district in accordance with
M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a
renewal and renovation district pursuant to M.S., Section 469.174, Subd. IOa., as defined below:
(a) "Renewal and renovation district" means a type of tax increment financing district consisting of a
project, or portions of a project, within which the authorityfinds by resolution that:
(1) (i) parcels consisting of 70 percent of the area of the district are occupied by buildings,
streets, utilities, paved or gravel parking lots, or other similar structures;
(ii) 20 percent of the buildings are structurally substandard; and
(iii) 30 percent of the other buildings require substantial renovation or clearance
to remove existing conditions such as: inadequate street layout, incompatible uses
or land use relationships, overcrowding ofbuildings on the land, excessive dwelling
unitdensity, obsolete buildings not suitablefor improvement or conversion, orother
identified hazards to the health, safety, and general well-being of the community;
and
(2) the conditions described in clause (1) are reasonably distributed throughout the geographic
area of the district.
(b) Forpurposesofdeterminingwhetherabuildingisstructurallysubstandard,whetherparcelsare
occupied by buildings, streets, utilities, paved orgravel parking lots, or other similar structures,
or whether noncontiguous areas qualify, the provisions of subdivision 10, paragraphs (c), (e),
and ()9 apply.
In meeting the statutory criteria the EDA and City rely on the following facts and findings:
• The District is a renewal and renovation district consisting of 7 parcels.
• An inventory shows that more than 70% of the area of the District consists of occupied parcels. To be
occupied, at least 15% of the area of the parcel is covered by buildings, streets, utilities, paved or gravel
parking lots, or other similar structures.
• An inspection of the buildings located within the District finds that more than 20 percent of the buildings
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-2
are structurally substandard as defined in the TIF Act. (See Appendix F).
• An inspection of the buildings located within the District finds that more than 30 percent of the other
buildings require substantial renovation or clearance to remove existing conditions such as defined in the
TIF Act. (See Appendix F).
Pursuant to M.S. Section 469.176 Subd. 7, the District does not contain any parcel or part of a parcel that
qualified under the provisions of M.S. Section 273.111 or 273.112 of Chapter 473H for taxes payable in any
of the five calendar years before the filing of the request for certification of the District.
Subsection 1-7. Duration of the District
Pursuant. to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must
be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b, the duration of the District
will be 15 years after receipt of the first increment by the EDA or City (a total of 16 years of tax increment).
The date of receipt by the City of the first tax increment is expected to be 2008. Thus, it is estimated that the
District, including any modifications ofthe TIF Plan for subsequent phases or other changes, would terminate
after 2023, or when the TIF Plan is satisfied. If increment is received in 2007, the term of the District will
be 2022. The EDA or City reserves the right to decertify the District prior to the legally required date.
Subsection 1-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/Increment and Notification of Prior Planned Improvements
Pursuant to M.S., Section 469.174, Subd. 7 and MS., Section 469.177, Subd. 1, the Original Net Tax Capacity
(ONTC) as certified for the District will be based on the market values placed on the property by the assessor
in 2005 for taxes payable 2006.
Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning
in the payment year 2008) the amount by which the original value has increased or decreased as a result of:
1. Change in tax exempt status of property;
2. Reduction or enlargement of the geographic boundaries of the district;
3. Change due to adjustments, negotiated or court-ordered abatements;
4. Change in the use of the property and classification;
5. Change in state law governing class rates; or
6. Change in previously issued building permits.
In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no
value will be captured and no tax increment will be payable to the EDA or City.
The original local tax rate for the District will be the local tax rate for taxes payable 2006, assuming the
request for certification is made before June 30, 2006. The ONTC and the Original Local Tax Rate for the
District appear in the table below.
Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated
Captured Net Tax Capacity (CTC) of the District, within the Southeast Eagan Redevelopment Project Area
No. 1, upon completion of the project, will annually approximate tax increment revenues as shown in the
table on the following page. The EDA and City request 100 percent of the available increase in tax capacity
for repayment of its obligations and current expenditures, beginning in the tax year payable 2008. The
Project Tax Capacity (PTC) listed is an estimate of values when the project is completed.
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-3
Project Estimated Tax Capacity upon Completion (PTC) $478,500
Original Estimated Net Tax Capacity (ONTO) $17,692
Fiscal Disparities Reduction $172,190
Estimated Captured Tax Capacity (CTC) $288,618
Original Local Tax Rate 0.85192 Pay 2006
Estimated Annual Tax Increment (CTC x Local Tax Rate) $245,879
Percent Retained by the EDA 100%
Pursuant to M.S., Section 469.177, Subd. 4, the EDA shall, after a due and diligent search, accompany its
request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S.,
Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which
building permits have been issued during the eighteen (18) months immediately preceding approval of the
TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase
the original net tax capacity of the District by the net tax capacity of improvements for which a building
permit was issued.
The City has reviewed the area to be included in the District and found that no building permits have
been issued during the 18 months immediately preceding approval of the TIF Plan by the City.
Subsection 1-9. Sources of Revenue/Bonded Indebtedness
Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site
preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual
collection of tax increments. The EDA or City reserves the right to use other sources of revenue legally ap-
plicable to the EDA or City and the TIF Plan, including, but not limited to, special assessments, general
property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contribu-
tions from the developer and investment income, to pay for the estimated public costs.
The EDA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF
Plan. As presently proposed, the project will be financed by a pay-as-you-go note. Additional indebtedness
may be required to finance other authorized activities. The total principal amount of bonded indebtedness,
including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment
financing will not exceed $3,300,000 without a modification to the TIF Plan pursuant to applicable statutory
requirements. It is estimated that $3,300,000 in bonded indebtedness will be financed with tax increment
revenues.
This provision does not obligate the EDA or City to incur debt. The EDA or City will issue bonds or incur
other debt only upon the determination that such action is in the best interest of the City. The EDA or City
may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the
EDA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a
developer.
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 14
The estimated sources of funds for the District are contained in the table below.
SOURCES OF FUNDS TOTAL
Tax Increment $3,300,000
Revenue $0
PROJECT REVENUES $3,300,000
Interfund Loans $0
Transfers $0
Bond Principal $0
TIF Note Principal $3,300,000
The other financing sources list above is included for purposes of OSA reporting for the TIF District. It is
not intended to be cumulative. Transfers are included in case money is moved from one fund to another
before an expenditure.
Subsection 1-10. Uses of Funds
Currently under consideration for the District is a proposal to facilitate the construction of a high-quality
mixed-use project in the City. The EDA and City determined that it will be necessary to provide assistance
to the project for certain costs. The EDA has studied the feasibility of the development or redevelopment of
property in and around the District. To facilitate the establishment and development or redevelopment of the
District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible
expenses. The estimate of public costs and uses of funds associated with the District is outlined in the
following table.
USES OF FUNDS TOTAL
Land/Building Acquisition $550,000
Site Improvements/Preparation $350,000
Public Utilities $200,000
Public Parking Facilities $100,000
Streets and Sidewalks $300,000
Interest $1,470,000
Administrative Costs (up to 10%) $330,000
PROJECT COSTS TOTAL $3,300,000
Interfund Loans $0
Transfers $0
Bond Principal $0
TIF Note Principal $3,300,000
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-5
The other financing uses list above is included for purposes of OSA reporting for the TIF District. It is not
intended to be cumulative. Transfers are included in case money is moved from one fund to another before
an expenditure. TIF is expected to be used for the project costs listed above, which is a not-to-exceed budget
rather than an expected budget of costs.
Pursuant to Minnesota Statute 469.175 Sub 1 (5), it is estimated that the cost of improvements, including
administrative expenses which will be paid or financed with tax increments, will equal $3,300,000 For
purposes of OSA reporting forms, it is estimated that the cost of improvements, including financing which
will be paid for with tax increment will equal $6,600,000 as is presented in the budget above.
Estimated costs associated with the District are subject to change among categories without a modification
to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed,
without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant
to M.S., Section 469.1763, Subd. 2, no more than 20 percent of the tax increment paid by property within the
District will be spent on activities related to development or redevelopment outside of the District but within
the boundaries of the Southeast Eagan Redevelopment Project Area No. 1, (including administrative costs,
which are considered to be spent outside of the District) subject to the limitations as described in this TIF
Plan.
Pursuant to Minnesota Statutes, Section 469.1763, Subdivision 2, the EDA is expressly authorized to expend
up to twenty percent (20%) of the total revenue derived from tax increments within the District on expenses
eligible for reimbursement pursuant to the Minnesota Statutes, Sections 469.174 to 469.1799, as amended,
within the Southeast Eagan Redevelopment Project Area No. 1 but outside the TIF District. Any such
expenditures shall be restricted pursuant to Minnesota Statutes, Section 469.176, Subdivision 4j, which
requires that at least ninety percent (90%) of the revenues derived from tax increments from a renewal and
renovation district be used to finance the cost of correcting conditions that allow designation as a renewal and
renovation district.
The EDA may use the above tax increment financing district pooling authority for the payment of principal
and interest due on notes or obligations incurred by the EDA or the City, including but not limited to
interfund loans, funded primarily from other tax increment financing districts within the Southeast Eagan
Redevelopment Project Area No. 1, as long as the notes or obligations represent reimbursable expenditures
under a renewal and renovation tax increment financing district.
Subsection 1-11. Fiscal Disparities Election
Pursuant to M.S., Section 469.177, Subd. 3, the EDA may elect one of two methods to calculate fiscal
disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause b, (within the District) are
followed, the following method of computation shall apply:
(1) The original net tax capacity shall be determined before the application of the fiscal disparity
provisions of Chapter 276A or 473F. The current net tax capacity shall exclude any fiscal
disparity commercial-industrial net tax capacity increase between the original year and the
current year multiplied by the fiscal disparity ratio determined pursuant to M.S., Section
276A.06, subdivision 7 or M.S., Section 473F.08, subdivision 6. Where the original net tax
capacity is equal to orgreater than. the current net tax capacity, there is no captured tax capacity
and no tax increment determination. Where the original tax capacity is less than the current tax
capacity, the difference between the original net tax capacity and the current net tax capacity
is the captured net tax capacity. This amount less any portion thereof which the authority has
designated, in its tax increment financing plan, to share with the local taxing districts is the
retained captured net tax capacity of the authority.
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-6
(2) The county auditor shall exclude the retained captured net tax capacity of the authorityfrom the
net tax capacity of the local taxing districts in determining local taxing district tax rates. The
local tax rates so determined are to be extended against the retained captured net tax capacity
of the authority as well as the net tax capacity of the local taxing districts. The tax generated by
the extension of the lesser of (A) the local taxing district tax rates or (B) the original local tax
rate to the retained captured net tax capacity of the authority is the tax increment of the
authority.
The EDA will choose to calculate fiscal disparities by clause b.
According to M.S., Section 469.177, Subd. 3:
(c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or
(b) shall remain the same for the duration of the district, except that the governing body may
elect to change its election from the method of computation in paragraph (a) to the method in
paragraph (b).
Subsection 1-12. Business Subsidies
Pursuant to M.S. Sections 116J.993, Subd. 3, the following forms of financial assistance are not considered
a business subsidy:
(1) A business subsidy of less than $25,000;
(2) Assistance that is generally available to all businesses or to a general class of similar businesses,
such as a line of business, size, location, or similar general criteria;
(3) Public improvements to buildings or lands owned by the state or local government that serve a
public purpose and do not principally benefit a single business or defined group of businesses at
the time the improvements are made;
(4) Redevelopment property polluted by contaminants as defined in M.S., Section I I6J.552, Subd 3;
(5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing
it up to code and assistance provided for designated historic preservation districts, provided that
the assistance is equal to or less than 50% of the total cost;
(6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to
provide those services;
(7) Assistance for housing;
(8) Assistance for pollution control or abatement, including assistance for a tax increment financing
hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23;
(9) Assistance for energy conservation;
(10) Tax reductions resulting from conformity with federal tax law;
(11) Workers' compensation and unemployment compensation;
(12) Benefits derived from regulation;
(13) Indirect benefits derived from assistance to educational institutions;
(14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal
Revenue Code of 1986, as amended through December 31, 1999;
(15) Assistance for a collaboration between a Minnesota higher education institution and a business;
(16) Assistance for a tax increment financing soils condition district as defined under M.S., Section
469.174, Subd. 19;
(17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation
is 70 percent or more of the assessor's current year's estimated market value;
(18) General changes in tax increment financing law and other general tax law changes of a principally
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-7
technical nature.
(19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local
government agency;
(20) Funds from dock and wharf bonds issued by a seaway port authority;
(21) Business loans and loan guarantees of $75,000 or less; and
(22) Federal loan funds provided through the United States Department of Commerce, Economic
Development Administration.
The EDA will comply with M.S., Section 116J.993 to 116J.995 to the extent the tax increment assistance
under this TIF Plan does not fall under any of the above exemptions.
Subsection 1-13. County Road Costs
Pursuant to M.S., Section 469.175, Subd. 1 a, the county board may require the EDA or City to pay for all or
part of the cost of county road improvements if the proposed development to be assisted by tax increment
will, in the judgement of the county, substantially increase the use of county roads requiring construction of
road improvements or other road costs and if the road improvements are not scheduled within the next five
years under a capital improvement plan or within five years under another county plan.
If the county elects to use increments to improve county roads, it must notify the City within forty-five days
of receipt of this TIF Plan. The EDA and City are aware that the county could claim that tax increment
should be used for county roads, even after the public hearing.
Subsection 1-14. Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF
Plan would occur without the creation of the District. However, the EDA or City has determined that such
development or redevelopment would not occur "but for" tax increment financing and that, therefore, the
fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as
follows if the "but for" test was not met:
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-8
IMPACT ON TAX BASE
2005/2006 Estimated Captured
Total Net Tax Capacity (CTC) Percent of CTC
Tax Capacity Upon Completion to Entity Total
Dakota County 379,760,366 288,618 0.0760%
City of Eagan 74,524,639 288,618 0.3873%
ISD No. 196 143,080,383 288,618 0.2017%
IMPACT ON TAX RATES
2005/2006 Percent Potential
Extension Rates of Total CTC Taxes
Dakota County 0.263180 30.89% 288,618 75,958
City of Eagan 0.267040 31.35% 288,618 77,073
ISD No. 196 0.275540 32.34% 288,618 79,526
Other 0.046160 5.42% 288,618 13,323
Total 0.851920 100.00% 245,879
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the actual 2005/Pay 2006 rate. The total net capacity for the entities listed above are
based on actual Pay 2006 figures.
Pursuant to M.S. Section 469.175 Subd. 2(b):
1. It is estimated that the total amount of tax increment that will be generated over the life of the District
is $3,300,000;
2. A minimal impact on police protection is expected due to the establishment of the District. The
current properties are vacant and in disarray, which creates the potential for them to become targets
of vandalism, burglary, or other types of property crimes.
The new development will not necessitate new capital investment in vehicles or facilities. The police
currently separates calls for service into the following categories: Commercial, Industrial, Bank,
Hotels/Motels, Residential (single family), Residential (multi-family, resident owned), Residential
(apartments, rentals), Public (streets, parks, etc.), and lakes. It is unknown how many additional calls
may be generated by the new development; however, a significant increase is not expected. There
may be minimal new calls for service with the increased traffic in the area. The City believes it is
important to track the calls and differentiate impacts by property type for the purpose of forecasting
crime trends and resulting strategies.
3. The proposed development will create very little impact on the fire department. Typically new
buildings generate few calls, if any, and are of superior construction. The existing buildings, which
will be eliminated by the new development, have public safety concerns that include several
unprotected old buildings with issues such as non-sprinkled buildings, the types of construction and
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-9
current uses of the properties.
The new development will not necessitate new capital investment in vehicles or facilities. The fire
department currently separates calls for service into residential and commercial/retail. It is unknown
how many additional calls may be generated by the new development; however, a significant increase
is not expected. Inspections would increase, and there may be minimal new calls due to false alarms.
The City believes it is important to track the calls and differentiate impacts by property type for the
purpose of forecasting crime trends and resulting strategies.
4. The impact of the District on public works is expected to be minimal. The operating costs related to
this proposed development will be minimal and will have little impact on the City's overall
operations. The City's WAC fee is estimated to be $37,151, and the SAC charge will be determined
at the time of the building permit application. The SAC fee will be paid by the developer, as is the
case with all development. The Sanitary Sewer Trunk and Lateral costs are estimated to be $24,540,
and Water Capital costs are estimated to be $5,331.
A public improvement project feasibility report has been authorized to determine the cost and details
of street and utility improvements related to the development. All associated costs will be assessed
to the benefitting property, as they are for all development in Eagan. Storm sewer capital costs are
estimated to be $70,098. There are no other infrastructure costs germane to this development.
The probable impact ofborrowing costs is expected to be minimal. It is not anticipated that there will
be any general obligation debt issued in relation to this project, therefore there will be no impact on
the City's ability to issue future debt or on the City's debt limit.
5. It is estimated that the amount of tax increments over the life of the District that would be attributable
to school district levies, assuming the school district's share of the total local tax rate for all taxing
jurisdictions remained the same is $1,191,920;
6. It is estimated that the amount of tax increments over the life of the District that would be attributable
to county district levies, assuming the county's share of the total local tax rate for all taxing
jurisdictions remained the same is $1,138,448;
7. No requests for additional information from the county or school district regarding the proposed
development for the District were received.
Subsection 1-15. Supporting Documentation
Pursuant to M.S. Section 469.175 Subd. 1, clause 7 the TIF Plan must contain identification and description
of studies and analyses used to make the determination set forth in MS. Section 469.175 Subd 3, clause (b)(2)
and the findings are required in the resolution approving the TIF district. Following is a list of reports and
studies on file at the City that support the Authority's findings:
1. Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment
Financing District as a Renewal and Renovation District. LHB, Inc. March 31, 2006.
2. City of Eagan Comprehensive Guide Plan Update of 2000.
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-10
Subsection 1-16. Definition of Tax Increment Revenues
Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing
district include all of the following potential revenue sources:
1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S.,
Section 469.177;
2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was
purchased by the Authority with tax increments;
3. Principal and interest received on loans or other advances made by the Authority with tax increments;
4. Interest or other investment earnings on or from tax increments;
5. Repayments or return of tax increments made to the Authority under agreements for districts for
which the request for certification was made after August 1, 1993; and
6. The market value homestead credit paid to the Authority under M.S., Section 273.1384.
Subsection 1-17. Modifications to the District
In accordance with M.S., Section 469.175, Subd. 4, any:
1. Reduction or enlargement ofthe geographic area of the Southeast Eagan Redevelopment Project Area
No. 1 or the District, if the reduction does not meet the requirements ofM.S., Section 469.175, Subd.
4(e);
2. Increase in amount of bonded indebtedness to be incurred;
3. A determination to capitalize interest on debt if that determination was not a part of the original TIF
Plan, or to increase or decrease the amount of interest on the debt to be capitalized;
4. Increase in the portion of the captured net tax capacity to be retained by the EDA or City;
5. Increase in the estimate of the cost of the project, including administrative expenses, that will be paid
or financed with tax increment from the District; or
6. Designation of additional property to be acquired by the EDA or City,
shall be approved upon the notice and after the discussion, public hearing and findings required for approval
of the original TIF Plan.
Pursuant to M.S. Section 469.175 Subd. 4(0, the geographic area of the District may be reduced, but shall not
be enlarged after five years following the date of certification of the original net tax capacity by the county
auditor. If a renewal and renovation district is enlarged, the reasons and supporting facts for the
determination that the addition to the district meets the criteria of MS., Section 469.174, Subd. 10, paragraph
(a), clauses (1) to (5), must be documented in writing and retained. The requirements of this paragraph do
not apply if (1) the only modification is elimination of parcel(s) from the Southeast Eagan Redevelopment
Project Area No. 1 or the District and (2) (A) the current net tax capacity of the parcel(s) eliminated from the
District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or
(B) the EDA agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the original net tax capacity will
be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District.
The EDA or City must notify the County Auditor of any modification that reduces or enlarges the geographic
area of the Southeast Eagan Redevelopment Project Area No. 1 or the District. Modifications to the District
in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan.
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-11
Subsection 1-18. Administrative Expenses
In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the
EDA or City, other than:
1. Amounts paid for the purchase of land;
2. Amounts paid to contractors or others providing materials and services, including architectural and
engineering services, directly connected with the physical development of the real property in the
project;
3. Relocation benefits paid to or services provided for persons residing or businesses located in the
project; or
4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued
pursuant to M.S., Section 469.178; or
5. Amounts used to pay other financial obligations to the extent those obligations were used to finance
costs described in clauses (1) to (3).
For districts for which the request for certification was made before August 1, 1979, or after June 30, 1982,
administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants,
and planning or economic development consultants. Pursuant to M.S., Section 469.176, Subd. 3, tax
increment may be used to pay any authorized and documented administrative expenses for the District up
to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan
or the total tax increment expenditures for the project, as defined byM.S., Section 469.174, Subd. 25, clause
(1), from the District, whichever is less.
Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual
administrative expenses incurred in connection with the District. The county may require payment of those
expenses by February 15 of the year following the year the expenses were incurred.
Pursuant to M. S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36
percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount
deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor
for the cost of financial reporting of tax increment financing information and the cost of examining and
auditing authorities' use of tax increment financing. This amount may be adjusted annually by the
Commissioner of Revenue.
Subsection 1-19. Limitation of Increment
The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District
maybe terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow
account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or
redemption date.
Pursuant to M.S., Section 469.176, Subd. 6:
if after four- years from the date of certification of the original net tax capacity of the tax increment
financing district pursuant to M.S., Section 469.177, no demolition, rehabilitation or renovation of
property or other site preparation, including qualified improvement of a street adjacent to a parcel
but not installation of utility service including sewer or water systems, has been commenced on a
parcel located within a tax increment financing district by the authority or by the owner of the parcel
in accordance with the tax incrementfinancing plan, no additional tax increment may be taken from
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-12
that parcel and the original net tax capacity of that parcel shall be excluded from the original net
tax capacity of the tax increment financing district. If the authority or the owner of the parcel
subsequently commences demolition, rehabilitation or renovation or other site preparation on that
parcel including qualified improvement of a street adjacent to that parcel, in accordance with the
tax increment financing plan, the authority shall certify to the county auditor that the activity has
commenced and the county auditorshall certify the net tax capacity thereofas most recently certified
by the commissioner of revenue and add it to the original net tax capacity of the tax increment
financing district. The county auditor must enforce the provisions of this subdivision. The authority
must submit to the county auditor evidence that the required activity has taken place for each parcel
in the district. The evidence for a parcel must be submitted by February 1 of the fifth year following
the year in which the parcel was certified as included in the district. Forpurposes of this subdivision,
qualified improvements of a street are limited to (1) construction or opening of a new street, (2)
relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street.
The EDA or City or a property owner must improve parcels within the District by approximately June, 2010
and report such actions to the County Auditor.
Subsection 1-20. Use of Tax Increment
The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable
property located in the District for the following purposes:
1. To pay the principal of and interest on bonds issued to finance a project;
2. To finance, or otherwise pay the capital and administration costs of the Southeast Eagan
Redevelopment Project Area No. 1 pursuant to the M.S., Sections 469.001 to 469.047, and Sections
469.090 to 469.1082;
3. To pay for project costs as identified in the budget set forth in the TIF Plan;
4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4;
5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the
EDA or City or for the benefit of the Southeast Eagan Redevelopment Project Area No. 1 by a
developer;
6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing
the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to
M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and
7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on
the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152
through 469.165, and/or M.S., Sections 469.178.
These revenues shall not be used to circumvent any levy limitations applicable to the EDA or City nor for
other purposes prohibited by M.S., Section 469.176, Subd. 4.
Tax increments generated in the District will be paid by Dakota County to the City for the Tax Increment
Fund of said District. The EDA or City will pay to the developer(s) annually an amount not to exceed an
amount as specified in a developer's agreement to reimburse the costs of land acquisition, public
improvements, demolition and relocation, site preparation, and administration. Remaining increment funds
will be used for EDA or City administration (up to 10 percent) and the costs of public improvement activities
outside the District.
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-13
Subsection 1-21. Excess Increments
Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the
following:
1. Prepay any outstanding bonds;
2. Discharge the pledge of tax increment for any outstanding bonds;
3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or
4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in
proportion to their local tax rates.
The EDA or City must spend or return the excess increments under paragraph (c) within nine months after
the end of the year. In addition, the EDA or City may, subject to the limitations set forth herein, choose to
modify the TIF Plan in order to finance additional public costs in the Southeast Eagan Redevelopment Project
Area No. 1 or the District.
Subsection 1-22. Requirements for Agreements with the Developer
The EDA or City will review any proposal for private development to determine its conformance with the
Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the
following documents may be requested for review and approval: site plan, construction, mechanical, and
electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any
other drawings or narrative deemed necessary by the EDA or City to demonstrate the conformance of the
development with EDA or City plans and ordinances. The EDA or City may also use the Agreements to
address other issues related to the development.
Subsection 1-23. Assessment Agreements
Pursuant to M.S., Section 469.177, Subd. 8, the EDA or City may enter into a written assessment agreement
in recordable form with the developer of property within the District which establishes a minimum market
value of the land and completed improvements for the duration of the District. The assessment agreement
shall be presented to the County Assessor who shall review the plans and specifications for the improvements
to be constructed, review the market value previously assigned to the land upon which the improvements are
to be constructed and, so long as the minimum market value contained in the assessment agreement appears,
in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the
minimum market value agreement.
Subsection 1-24. Administration of the District
Administration of the District will be handled by the City Administrator.
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-14
Subsection 1-25. Annual Disclosure Requirements
Pursuant to M.S., Section 469.175, Subd. 5, 6, and 6b the EDA or City must undertake financial reporting for
all tax increment financing districts to the Office of the State Auditor, County Board, County Auditor and
School Board on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual
statement shall be published in a newspaper of general circulation in the City on or before August 15.
If the EDA or City fails to make a disclosure or submit a report containing the information required by M.S.,
Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of
tax increment from the District.
Subsection 1-26. Reasonable Expectations
As required by the TIF Act, in establishing the District, the determination has been made that the anticipated
development would not reasonably be expected to occur solely through private investment within the
reasonably foreseeable future and that the increased market value ofthe site that could reasonably be expected
to occur without the use of tax increment financing would be less than the increase in the market value
estimated to result from the proposed development after subtracting the present value of the projected tax
increments for the maximum duration of the District permitted by the TIF Plan. In making said
determination, reliance has been placed upon written representation made by the developer to such effects
and upon EDA or City staff awareness of the feasibility of developing the project site. A comparative
analysis of estimated market values both with and without establishment of the District and the use of tax
increments has been performed as described above. Such analysis is included with the cashflow in Appendix
D, and indicates that the increase in estimated market value of the proposed development (less the indicated
subtractions) exceeds the estimated market value of the site absent the establishment of the District and the
use of tax increments.
Subsection 1-27. Other Limitations on the Use of Tax Increment
1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF
Plan. The revenues shall be used to finance, or otherwise pay the capital and administration costs of the
Southeast Eagan Redevelopment Project Area No. 1 pursuant to M.S., Sections 469.001 to 469.047, and
Sections 469.090 to 469.1082. Tax increments may not be used to circumvent existing levy limit law.
No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance
of a building to be used primarily and regularly for conducting the business of a municipality, county,
school district, or any other local unit of government or the state or federal government. This provision
does not prohibit the use of revenues derived from tax increments for the construction or renovation of
a parking structure. Pursuant to M.S., Section 469.176, Subd. 41., no tax increment may be used for a
commons area used as a public park or a facility used for social, recreational, or conference purposes.
This subdivision does not apply to a privately owned facility for conference purposes or a parking
structure.
2. Pooling Limitations. At least 80 percent of tax increments from the District must be expended on
activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance
activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not
more than 20 percent of said tax increments may be expended, through a development fund or otherwise,
on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced
bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they
were solely for activities outside of the District.
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-15
3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall
be deemed to have satisfied the 80 percent test set forth in paragraph (2) above only if the five year rule
set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year
following certification of the District, 80 percent of said tax increments that remain after expenditures
permitted under said five year rule must be used only to pay previously committed expenditures or credit
enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. S.
4. Renewal and Renovation District. At least 90 percent of the revenues derived from tax increment from
a redevelopment district must be used to finance the cost of correcting conditions that allow designation
of redevelopment and renewal and renovation districts underM.S., Section 469.176 Subd. 4j. These costs
include, but are not limited to, acquiring properties containing structurally substandard buildings or
improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary
to provide a site of sufficient size to permit development, demolition and rehabilitation of structures,
clearing of the land, the removal of hazardous substances or remediation necessary for development of
the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated
administrative expenses of the EDA or City, including the cost of preparation of the development action
response plan, may be included in the qualifying costs.
Subsection 1-28. Summary
The EDA is establishing the District to preserve and enhance the tax base, redevelop substandard areas,
provide affordable housing in the area, and provide employment opportunities in the City. The TIF Plan for
the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota
55113, telephone (651) 697-8500.
City of Eagan Tax Increment Financing Plan for Southeast Eagan Tax Increment Financing District No. 1 1-16
APPENDIX A
PROJECT DESCRIPTION
The Red Pine Crossing development is planned as a high quality mixed-use project that transforms Eagan's
Southeast Redevelopment Study Area into an attractive and vital neighborhood commercial development.
The project when completed will include retail, restaurant, bank, office and daycare businesses that will
provide much needed retail and service opportunities to the under-served residents within this part of Eagan'
as well as portions of adjacent communities. In addition, Red Pine Crossing transforms the under-utilized
and substandard properties into a productive addition to the City of Eagan.
Red Pine Crossing is planned as a two-phase project with the first phase currently being submitted as a
Planned Development. However, the entire redevelopment area has been master planned in conjunction with
significant city input to determine the best use for the complete district in regards to land use and utilities as
well as vehicle and pedestrian circulation. Phase I consists of three very upscale buildings totaling
approximately 90,000 gross square feet of mostly retail, bank and restaurant space including a mid-size
anchor tenant at the south side of the site. The mixed use nature is further enhanced by the addition of a
second story office area over the retail endcap of Builiding C. Phase II will add an additional 45,000 gross
square feet of retail, office and daycare businesses.
All three buildings of Phase I of Red Pine Crossing are scheduled for a start in early spring, 2006, and to be
ready for tenant interior construction late in 2006. The first tenant openings would be anticipated around the
end of the first quarter of 2007. Phase II is anticipated to be incorporated into this Planned Development by
an amendment process after the remaining parcels are acquired. Currently this phase is anticipated to begin
in the first half of 2007, roughly following the opening of the Phase I buildings.
The proposed project will be financed with a pay-as-you-go tax increment note, which will provide minimal
risk to the City. Payments to the developer will be based on the taxes collected from the proposed
development.
APPENDIX A-l
APPENDIX B
MAP OF THE SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. I AND
SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. I
APPENDIX B-l
1 w
a
z
'a
m
m,:FEW
GUNCLU&M
Rede fo
®
ReOevebpaent aea
0 250 500 N
a
Feet ®P uPasetl TIF Are
SOUTHEAST EAGAN REDELOPMENT
PROJECT AREA NO.1
SOUTHEAST EAGAN TIF DISTRICT NO.1
CITY OF EAGAN
COUNTY OF DAKOTA
STATE OF MINNESOTA
APPENDIX C
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT
The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the
parcels listed below.
Parcel Numbers Address Owner
103180005001 4851 Biscayne Ave Manley Land Dev. Inc.
*a portion of 100360002179 N/A Revestors Group 4LLC
103180004001 4861 Biscayne Ave Manley Land Dev. Inc.
103180003001 4871 Biscayne Ave Kevin & Rita A. Mellon
100360002279 640 Gun Club Rd William J. & Susan M. Schoenecker
103180002001 4881 Biscayne Ave Theodore Wood
103180001001 4895 Biscayne Ave Dennis C. & Jill Hyster
*Please note that this parcel is currently in the process of being subdivided and will be assigned a new parcel
number.
APPENDIX C-t
5/812006 Page 1 of 2
EHLERS
Southeast Eagan Tax Increment Financing District No. 1
CITY OF EAGAN, MINNESOTA -REDEVELOPMENT TIF District
Estimated Completed Development
r T.I.F. CASH FLOW ASSUMPTIONS
District New Rennovation & Renewal TIF District
County District #
Inflation Rate - Every _ Years 0.0000%
Pay-As-You-Go Interest Rate: 61.59Q646
Note Issued Date (Present Value Date). 01-Feb-08
Local Tax Rate - Current 85A920% Pay 2006
Fiscal Disparities Election (A - outside or B inside) B
Year District was certified 2006
Assumes First Tax Increment For District 2008
Assumes First Tax Increment For Dev August 2008
Years of Tax Increment 16
Assumes Last Year of Tax Increment 2023
Fiscal Disparities Ratio 35.9854% Pay 2006
Fiscal Disparities Metro Wide Tax Rate 121.8020% Pay 20116
Local Tax Rate - Current 85.1920% Pay 2006
State Wide Property Tax Rate (Used for total taxes) 50.8200% Pay 2006
Market Value Tax Rate (Used for total taxes) 0.01712% Pay 2006
Commercial Industrial Class Rate 1.5%-2.0% Pay 2006
First 150,000 1.50%
Over 150,000 2,00%
Rental Class Rate 1.25% Pay 2006
Residental Class Rate 1.0%-1.25%
Under $500,000 1.00%
Over $500.000 1.25%
BASE VALUE INFORMATION:- BEFORE DEVELOPMENT
Property Land Building Total Class Base Date
PID Owner Market Value Market Value Market Value Rate Tax Capacity Payable
10-31800-050-01 Manley Land Dev. 56,700 1.5%-2.0% 851 2006
10.03600-021-79 Revestom Group 350,000 1.5%-2.0% 6,250 2006
10-31800-040-01 Manley Land Dev. 134,000 1.5%-2.0% 2,010 2006
10-31800-030-01 Kevin & Rea Mellon 69,600 1.5%-2.0% 1,044 2006
10-03600-022-79 W & S Schoenecker 123,000 1.5%-2.0% 1,845 2006
10-31800-020-01 Theodore Wood 160,100 1.5%-2.0% 2,452 2006
10-31800.010-01 Dennis & Jill Hyster 199,500 1.5%-2.0% 3,240 2006
Totals 1,092,90D 17,692
Note:
1. o"er .t vaixms ..'-h
PROJECT INFORMATION POST DEVELOPMENT
Total Market Value Taxes Per Total Market Class New Dale
Use S q. Ft./Units S q. Ft./Units S q. Ft./Units Taxes Value Rate Tax Capacity Payable
Commercial 142,106 6,000,000 1.5%-2.0% 119,250 2011
Commercial 428,092 18,000,000 1.5%-2.0% 359,250 2009
TOTAL 0 570,197 24,000,000 478,500
Note:
1 1 yi taxes . 1 o;. p- .a3c.
2 IIF
M-k": tas ± Ph c .b.rN. e z; Ja^, u;i~y L t f ;i S.
.atue"I"naf.. our:1} sir,
TAX CALCULATIONS
Total Local Fiscal Local Fiscal State-wide Local Fiscal State-wide Market
Use Tax Tax Disparities Tax Disparities Property Taxes Disparities Property Value Total
Capacity Capacity Tax Capacity Rate Tax Rate Tax Rate Taxes Taxes Taxes Taxes
Comm 119,250 76,337 42,913 0.85192 0.35985 0.50820 65,033 15,442 60,603 1,027 142,106
Comm 359,250 229,972 129,278 0.85192 0.35985 0.50820 195,918 46,521 182,571 3,082 428,092
TOTAL 478,500 306,310 172,190 0.85192 1.21602 0.50820 260,951 209,731 243,174 4,109 570,197
Note:
niy r P ,r n .-.^taons > l ,ay r;sr, i (i ~,t r:Sa.m rr. m .pith it E . 1 i6 CisticF.
Prepared by Ehlers Cashflows 5-3-06
518/2006 Page 2 of 2
EHLERS
CITY OF EAGAN, MINNESOTA -REDEVELOPMENT TIF District
c Ftcv~1 to Inc aow". i; 116,10 Di : r1v. 1
TAX INCREMENTCASH FLOW _
Base Project Captured Semi-Annual State Admin. Semi-Annual Semi-Annual PAYMENT DATE
PERIOD BEGINNING Tax Tax Tax Gross Tax Auditor & Pooling Net Tax Present PERIOD ENDING
Yrs. Mth. Yr. Capacity Capacity Capacity Increment 0.36% 10.00% Increment Value Yrs. Mth. Yr.
0.0 02-01 2006 0 0 0 0 0 0 0 0 0.0 08-01 2006
0.0 08-01 2006 0 0 0 0 0 0 0 0 0.0 02-01 2007
0.0 02-01 2007 0 0 0 0 0 0 0 0 0.0 08-01 2007
0.0 08-01 2007 0 0 0 0 0 0 0 0 0 0 02-01 2008
0.0 02-01 2008 17,692 40,000 22,309 9,503 (34) (947) 8,521 7,742 0.5 08-01 2008
0.5 08-01 2008 17,692 40,000 22,309 9,503 (34) (947) 8,521 15,240 1.0 02-01 2009
1.0 02-01 2009 17,692 219,625 22,309 9,503 (34) (947) 8,521 22,502 1.5 08-01 2009
1.5 08-01 2009 17,692 219,625 22,309 9,503 (34) (947) 8,521 29,536 2.0 02-01 2010
2.0 02-01 2010 17,692 269,972 22,309 9,503 (34) (947) 8,521 36,348 2.5 08-01 2010
2.5 08-01 2010 17,692 269,972 22,309 9,503 (34) (947) 8,521 42,946 3.0 02-01 2011
3.0 02-01 2011 17,692 306,310 238,271 101,494 (365) (10,113) 91,016 114,595 3.5 08-01 2011
3.5 06-01 2011 17.692 306.310 238.271 101,494 (365) (10,113) 91,016 183,989 4.0 02-01 2012
4.0 02-01 2012 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 265,620 4.5 08-01 2012
4.5 08-01 2012 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 344,681 5.0 02-01 2013
5.0 02-01 2013 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 421,254 5.5 08-01 2013
5.5 08-01 2013 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 495,417 6.0 02-01 2014
6.0 02-01 2014 17,692 306,310 288,618 122.940 (443) (12,250) 110,248 567,245 6.5 08-01 2014
6.5 08-01 2014 17,692 306,310 288.618 122.940 (443) (12,250) 110,248 636,813 7.0 02-01 2015
7.0 02-01 2015 17,692 306310 288,618 122,940 (443) (12,250) 110,248 704,190 7.5 08-01 2015
7.5 08-01 2015 17,692 306310 288,618 122,940 (443) (12,250) 110,248 769,447 8.0 02-01 2016
8.0 02-01 2016 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 832,650 8.5 08-01 2016
8.5 08-01 2016 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 893,863 9.0 02-01 2017
9.0 02-01 2017 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 953,149 9.5 08-01 2017
9.5 08-01 2017 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 1,010,569 10.0 02-01 2018
10.0 02-01 2018 17,692 306.310 288,618 122,940 (443) (12,250) 110,248 1,066,182 10.5 08-01 2018
10.5 08-01 2018 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 1,120,045 11.0 02-01 2019
11.0 02-01 2019 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 1,172,211 11.5 08-01 2019
11.5 08-01 2019 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 1,222,736 12.0 02-01 2020
12.0 02-01 2020 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 1,271,671 12.5 08-01 2020
12.5 08-01 2020 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 1,319,065 110 02-01 2021
13.0 02-01 2021 17,692 306,310 288,618 122.940 (443) (12,250) 110,248 1,364,967 115 08-01 2021
13.5 08-01 2021 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 1,409,425 14.0 02-01 2022
14.0 02-01 2022 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 1,452,483 14.5 08-01 2022
14.5 08-01 2022 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 1,494,185 15.0 02-01 2023
15.0 02-01 2023 17,692 306,310 288,618 122,940 (443) (12,250) 110,248 1,534,576 15.5 08-01 2023
15.5 08-01 2023 17,692 306,310 288,618 122,940 443 12,250 110,248 1,573,694 16.0 02-01 2024
Totals 3,210,560 (11,558) (319,900) 2,879,102
1,984,088 7,143 197,695 1,573,644
NOTES:
s conae~ tvey 2. n: is 2008
4 inl' '.ax rat r. be cap tun.:
5 r,ot c.et turn ':~•.e wnAe proper ar nta kc r wV tsxos
Prepared by Ehlers Cashflms 5-M6
APPENDIX E
MINNESOTA BUSINESS ASSISTANCE FORM
(MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT)
APPENDIX E-]
~'y ~1r y 6epartmertt a~ fmplayment.
~j +7 Y H aMFccn{om'icOerelapment.
Please fill in date agreement signed (same as question 21)
Minnesota Business Assistance Form
■ The Minnesota Business Assistance Form (MBAF) online is available at www.deed.state.mn.usiConimtlrlity/subsidies/MBAFForm.htm
to report each business subsidy (including Job Opportunity Zone (JOBZ) tax exemptions/credit) and financial assistance agreement
signed from August 1, 1999 through December 31, 2005 unless goals have been achieved and reported on a MBAF per Minn. Stat.
§ 1163.993 to § 116J.995.
■ Assistance given to a business located in a JOBZone must report annually until December 31, 2015 even if goals have been achieved.
■ The following government agencies must submit a MBAF: 1) any local government/agency that signed a business subsidy agreement
since January 1, 2000, or represents a population of more than 2,500; 2) all state government agencies authorized to provide business
subsidies.
■ DEED will contact any local or state government agency that is required to report but has not done so by April 1. Business assistance
may not be awarded after June 1 of each year until a report has been submitted.
■ Questions? Call (651) 296-0580. Information on where to mail or fax your completed MBAF(s) is on page 7.
Section 1: Grantor Information
1. Name of grantor (funding entity) 2. Name of person completing this form
3. Street address 4. City 5. Zip Code
6. County 7. Phone number 8. Fax number 9. E-mail address
10. Please indicate who in your organization should receive the MBAF if different from the person in Question 2.
Name/Title Phone number Street address City Zip Code
11. Classification of grantor (Mark one. If grantor is entity created 12. Has your organization held a public hearing on and adopted
by govt agency, please indicate affiliation. For example, a city criteria for awarding business subsidies in compliance with
EDA would check "City government.') Minn. Stat. § I I6J.994? (Mark one.)
❑ City government ❑ Yes, in 2006 (attach criteria)
❑ Yes, in 2006 but have not yet adopted criteria
❑ County government ❑ Yes, prior to 2006
❑ Regional government If Yes:
Hearing Date: Year Criteria Submitted:
❑ State government
❑ No
❑ Other (Please specify) ❑ Other Please attach explanation.)
13. Has your organization signed any agreements to award a business subsidy or financial assistance from August 1, 1999 through
December 31, 2005 unless goals have been achieved and reported in a previously tiled MBAF? (Mark one.)
❑ Yes (Complete the remainder of the form unless goals have been achieved and ❑ No(Stop here go to section 5 on page 4.)
reported in a previously filed MBAF er Minn. Stat. §116J.993 and §116J.994.)
Section 2: Recipient Information
14. Name of business or organization 15. Address where business subsidy or financial assistance
receiving subsidy or financial assistance will be used
Street address City State ZIP Code
16. Does the recipient have a parent corporation? (Mark one.)
❑ Yes (Indicate name and address of parent corporation below. If more than one, indicate ultimate owner.)
❑ No
Name of parent corporation Street address city State ZIP Code
Minnesota Business Assistance Form (12/9/05) Page I of 7 Dept. of Employment and Economic Development
17. Industry of recipient's facility (Mark one.):
❑ Manufacturing ❑ Services ❑ Finance, Insurance, Real Estate
❑ Retail Trade ❑ Wholesale Trade ❑ Construction ❑ Other leases eci
18. Did the recipient relocate as a result of signing this agreement? (Mark one.)
❑ Yes (Indicate city and state of previous address and reason recipient did not complete this project at that address.)
City/State of previous address Reason project not completed at previous address
Indicate total number of employees who ceased to be employed by recipient when the recipient relocated to become eligible for the
business subsidy.
❑ No (Co to Question 19.
19. What would recipient have done without business subsidy or financial assistance? (Mark one):
❑ Remain at previous location, but not expand ❑ Remain at previous location but expand at the location
❑ Relocate to different Minnesota location ❑ Relocated outside Minnesota
❑ Other
19A. Was the project a result of eminent domain? ❑ Yes ❑ No
Section 3: Agreement Information
20. Total dollar value of business subsidy or financial assistance 21. Date agreement signed (In addition to the agreement date,
(Please separate value by type in Questions 24 and 25.) indicate any dates the agreement was amended.)
(Enter zero for JOBZ, Biozone and Agzone projects.)
22. Benefit date (Indicate the date the recipient receives the business subsidy or improvements were finished, equipment was placed into
service, or the recipient occupied the property, whichever is earlier.)
23. Does the agreement provide a business subsidy or one of the four types of financial assistance (see Question 25) required
to be reported? (Mark one.)
❑ business subsidy ❑ financial assistance
24. If the agreement provided a business subsidy, please indicate the 25. If the assistance was one of the four types of financial assistance,
type(s) and total dollar value for each type. please indicate the type(s).
❑ not applicable, agreement provided financial assistance ❑ not applicable, agreement provided a business subsidy
❑ loan (only principal) $ ❑ assistance for property
❑ grant (i.e., forgivable loan) $ by contaminants $
❑ tax abatement $ ❑ assistance for renovating building
❑ T1F or other tax reduction or deferral* $ stock or bringing it up to code, and
❑ guarantee or payment $ assistance provided for designated
❑ contribution of property or infrastructure $ historic preservation districts, when
❑ preferential use of governmental facilities $ 50 percent or less of total cost $
❑ land contribution $ ❑ assistance for pollution control or
❑ Biozone $ 0 abatement $
❑ JOBZ (state tax exemptions/credits and sales tax) $ 0 ❑ assistance for a TIF soils
❑ JOBZ - Agzone $ 0 condition district $
❑ other (Speck subsidy type.) $
Note: no dollar value for zone projects)
26. If the assistance included tax increment financing, please indicate 27. Are any other grantors providing a business subsidy or financial
the type of TIF district? (Mark one.) assistance to the same project? (Mark one.)
❑ not applicable, assistance was not in the form of TIF ❑ Yes (Speck each grantor and the value of their assistance below,
attach an additional sheet if necessary.
❑ redevelopment
❑ renewal and renovation
❑ soils condition Grantor Value
❑ economic development
❑ mined underground space
❑ hazardous substance subdistrict Grantor Value
❑ No
*For questions about TIF reporting requirements contact Arlin Waelti (651) 296-7676 at the Minnesota Office ofthe State Auditor.
Minnesota Business Assistance Form (12/9/05) Page 2 of 7 Dept. of Employment and Economic Development
Section JZ: JOZ Information
Complete Questions JZl-JZ5 if the financial assistance was awarded to a JOBZ qualified business recipient receiving JOBZ benefits. (If not,
go directly to Question 28.)
JZL What was the amount of private capital investment of the business in the JOBZ zone prior to December 31, 2005?
Real (land and buildings) $
Personal (equipment) $
JZ2. What amount of the qualified business's January 2, 2005 taxable market value was exempt from property taxes payable in 2006 due to
JOBZ qualification? (Please specify each parcel identification number and exempt value of each parcel, attaching an additional sheet
if necessary. Obtain exempt values from the county assessor's office.)
$ for Parcel Identification Number:
JZ3. What was the value of Wind Energy Production Tax, if any, for the JOBZ qualified business that was operating during the period of
January 1, 2005 and December 31, 2005?
JZ4/JZ5: Goals and actual performance for the JOBZ qualified business recipient.
Did the qualified business paid compensation including benefits to each employee of at least 110 percent of the federal poverty level for a
family of four for each year ($10.23 per hour as of July 1, 2005)?
❑ Yes ❑ No
(For JOBZ subsidy agreements signed after June 30, 2005, compensation including benefits paid by a qualified business to each
employee on an annualized basis must be at least 110 percent of the federal poverty level for a family of four for each year.)
Each line represents an hourly wage level, please round wage levels to the nearest whole dollar and specify the hourly benefit for
each wage level and the number of jobs (i.e., $12.00 hourly wage level, $1.20 hourly benefits and 10 jobs).
JZ4. Goals JZ5. Actuals
Full-time Full-time
Hourly Hourly Number of Hourly Hourly Number of
Wage Level Benefits Jobs Wage Level Benefits Jobs
$ 7.00 $ 7.00
$ 8.00 $ 8.00
$ 9.00 $ 9.00
$10.00 $10.00
$11.00 $11.00
$12.00 $12.00
$13.00 $13.00
$14.00 $14.00
$15.00 $15.00
$16.00 $16.00
$17.00 $17.00
$18.00 $18.00
$19.00 $19.00
$20.00 $20.00
$21.00 $21.00
$22.00 $22.00
$23.00 $23.00
$24.00 $24.00
$25.00 $25.00
$26.00 $26.00
$27.00 $27.00
$28.00 $28.00
$29.00 $29.00
$30.00 $30.00
$31.00 and higher $31.00 and higher
Minnesota Business Assistance Form (12/9/05) Page 3 of 7 Dept. of Employment and Economic Development
JZ4/JZ5 (continues)
Part-time Part-time
Hourly Hourly Number of Hourly Hourly Number of
Wage Level Benefits Jobs Wage Level Benefits Jobs
$ 7.00 $ 7.00
$ 8.00 $ 8.00
$ 9.00 $ 9.00
$10.00 $10.00
$11.00 $11.00
$12.00 $12.00
$13.00 $13.00
$14.00 $14.00
$15.00 $15.00
$16.00 $16.00
$17.00 $17.00
$18.00 $18.00
$19.00 $19.00
$20.00 $20.00
$21.00 $21.00
$22.00 $22.00
$23.00 $23.00
$24.00 $24.00
$25.00 $25.00
$26.00 $26.00
$27.00 $27.00
$28.00 $28.00
$29.00 $29.00
$30.00 $30.00
$31.00 and higher $31.00 and higher
Job Retention Job Retention
Hourly Hourly Number of Hourly Hourly Number of
Wage Level Benefits Jobs Wage Level Benefits Jobs
$ 7.00 $ 7.00
$ 8.00 $ 8.00
$ 9.00 $ 9.00
$10.00 $10.00
$11.00 $11.00
$12.00 $12.00
$13.00 $13.00
$14.00 $14.00
$15.00 $15.00
$16.00 $16.00
$17.00 $17.00
$18.00 $18.00
$19.00 $19.00
$20.00 $20.00
$21.00 $21.00
$22.00 $22.00
$23.00 $23.00
$24.00 $24.00
$25.00 $25.00
$26.00 $26.00
$27.00 $27.00
$28.00 $28.00
$29.00 $29.00
$30.00 $30.00
$31.00 and higher $31.00 and higher
Minnesota Business Assistance Form (12/9/05) Page 4 of 7 Dept. of Employment and Economic Development
Section 4: Goals and Public Purpose Identified in the Agreement
28. Minn. Stat. §I 16J.994 requires that business subsidy and financial assistance agreements state a public purpose. Which of the following
public purposes were stated in the agreement? (Mark all that apply.)
❑ Enhancing economic diversity ❑ Increasing tax base (cannot be only purpose)
❑ Creating high-quality job growth
❑ Job retention ❑ Other (please spec)
❑ Stabilizing the community
29. Indicate whether the agreement included the following types of goals, and whether the recipient had attained those goals at the time of
this report. (Fill in the boxes and attainment date(s) for each goal.)
Goals Target attainment All goals
established? dates (month & year) attained?
A) Specific wage and job goals to be attained within 2 years ❑ Yes ❑ No ❑ Yes ❑ No
B) Other job-creation and/or retention goals ❑ Yes ❑ No ❑ Yes ❑ No
Q Other wage goals ❑ Yes ❑ No ❑ Yes ❑ No
D) Goals other than wage and job goals ❑ Yes ❑ No ❑ Yes ❑ No
(Please attach description o oals and ro ress toward attainment (i not documented in Questions 30 and 31.)
30. If you answered questions JZ4-JZ5 for a qualified business go directly to question 32. For each of the following wage categories,
indicate the job creation and/or retention goals stated in the agreement and the average hourly value of any employer-provided benefits
goals for those jobs. (Only indicate job creation goals in full-time equivalents if you are unable to separate goals by full- and part-time
positions.) If you answered questions JZ4-JZ5 for a qualified business go directly to question 32.
Full-time
Hourly Wage Job Part-time Hourly Value of
(excluding benefits) Creation Job Creation Job Retention Benefits
no hourly wage-level goal $
less than $7.00 $
$7.00 to $8.99 $
$9.00 to $10.99 $
$11.00 to $12.99 $
$13.00 to $14.99 $
$15.00 to $16.99 $
$17.00 to $18.99 $
$19.00 to $20.99 $
$21.00 to $22.99 $
$23.00 to $24.99 _ $
$25.00 to $26.99 $
$27.00 to $28.99 $
$29.00 to $30.99 $
$31.00 and higher $
Minnesota Business Assistance Form (12/9/05) Page 5 of 7 Dept. of Employment and Economic Development
31. If you answered questions JZ4-JZ5 for a qualified business go directly to question 32. For each of the following wage categories,
indicate the number of actual jobs created and/or retained since the benefit date and the actual hourly value of any employer-provided
benefits for those jobs. (Only indicate job creation in full-time equivalents if you are unable to separate job creation into full- and part-
time positions.) If you answered questions JZ4-JZ5 for a qualified business go directly to question 32.
Full-time
Hourly Wage Job Part-time Hourly Value of
(excluding benefits) Creation Job Creation Job Retention Benefits
less than $7.00 $
$7.00 to $8.99 $
$9.00 to $10.99 $
$11.00 to $12.99 $
$13.00 to $14.99 $
$15.00 to $16.99 $
$17.00 to $18.99 $
$19.00 to $20.99 $
$21.00 to $22.99 $
$23.00 to $24.99 $
$25.00 to $26.99 $
$27.00 to $28.99 $
$29.00 to $30.99 $
$31.00 and higher $
32. Has the recipient achieved all goals (see Question 29, 30 and 31) and fulfilled all obligations stipulated in the agreement (Mark one.)
❑ Yes ❑ No
Section 5: Recipients Failing to Fulfill Obligations
(Do not complete this section i ou completed it on another MBAF submitted to DEED.
33. During the period January 1, 2005 through December 31, 2005, did your organization have any recipients who failed to report as required
by Minn. Stat. §I 16J.993 and § 116J.994? (Mark one.)
❑ Yes (Indicate the name of each recipient failing to report and the value of subsidy or financial assistance awarded to that
recipient. Attach additional pages if necessary.)
Name of recipient Type of subsidy or assistance (See Questions 24 & 25.) Value of subsidy or assistance
❑ No
34. Did your organization have any recipients who failed to achieve any goals or fulfill any other obligations under an agreement signed on
or after January 1, 2005, that were required to be fulfilled by the time of this report? (Mark one.)
❑ Yes (Complete the remainder of this section.) ❑ No (Stop here and submit form to DEED.)
Minnesota Business Assistance Form (12/9/05) Page 6 of 7 Dept. of Employment and Economic Development
For questions 35-39: Provide the following information for each recipient failing to fulfill goals or any other terms of an agreement that were
to be attained b the time of reporting. (Attach additional a es i necessa
35. Information on recipient and agreement:
Name of recipient in default Type of subsidy or assistance Initial value of subsidy or assistance
Street address of recipient City/Zip code of recipient Outstanding value of subsidy
or assistance
36. Reason(s) for default (Mark all that apply.):
❑ recipient ceased operation ❑ recipient relocated to a different community
❑ recipient was unable to fill vacant positions ❑ other (Speck reason.)
37. To date, has the recipient fulfilled its repayment obligation? (Mark one.)
❑ Yes ❑ No, recipient has begun to repay the assistance. ❑ No, recipient has not begun to repay the assistance.
38. Has the agreement been amended to extend the recipient's deadline for fulfilling its obligations? (Mark one.)
❑ Yes ❑ No
39. Describe the steps being taken to bring recipient into compliance or recoup the subsidy:
Return your completed MBAF(s) by April 1, 2006
EITHER
Mail To:
Minnesota Business Assistance Report
Minnesota Department of Employment and Economic Development - Analysis and Evaluation
I" National Bank Building
332 Minnesota Street, Suite E200
St. Paul, Minnesota 55101-1351
OR
Fax To:
(651) 215-3841
(Next year, please use the online version of this form. It can be found at
www.deed.state.mn.us/Community/subsidies/N4BAFForm.htm.)
Minnesota Business Assistance Form (12/9/05) Page 7 of 7 Dept. of Employment and Economic Development
;e
E m O o
"y O C
f")
E S- g ;e m m
e~ ~ v
z°~9~ m d a
•g ~
c
Xa E rc
R~= ffi Z ~ c
a
~ N
~ O
D
`o E $ $ m
C C
y N
u ~
n D
Ti g a ~ ~ E
s.$- m Oo p a
$ 3u a _c
m'
O D
$ .Y ~x L d d
d w a g N ~ O
m m
-"ou y d
m~3 T u
u
c a
d
QQ ,py, 8 y
Xao ~ = D
'au ~ D
K O
u
C
m
Y/ m C
Ol
C
d
Z LL °s m u
z - o
Q ~ m'
LLI
LLI
A W - - 9
Q O x V Q rv 1~ n
W C p
e X ¢ X X X X y m
; LU
$ a
D a via m a rn
a~ E
Nm a
LU Q~ 8 >
C ~
z z° z° z - -
N
a
n~ s s
E E E E
a v m n a v
c c 8 ~ ~ ~ 8
d
U U
E o
b ~ ~ o c ~ n
g rv` ~ ~ y E £ N
5 r
W ~ m E O
v
x r ~
8~~ 8 8~ 8 ~ o
a o
o z z
a 8 8 ~ d
0
R J 3 co
25 z° _
C F4 F ~
~ cR3 a O E
REPORT OF
INSPECTION PROCEDURES AND RESULTS
FOR
DETERMINING QUALIFICATIONS OF A
TAX INCREMENT FINANCING DISTRICT
AS A RENEWAL AND RENOVATION DISTRICT
Southeast Eagan
TIF District
Eagan, Minnesota
LHB Project No. 050393.10
March 31, 2006
t
r
r
Prepared For The
City of Eagan
Prepared by
LHB, Inc.
250 Third Avenue North, Suite 450
Minneapolis, Minnesota 55401
TABLE OF CONTENTS
Page
PART 1 Executive Summary ...............................................................................3
Purpose of Evaluation ................................................................3
Scope of Work ...........................................................................3
Conclusion .................................................................................4
PART 2 Minnesota Statute 469.174, Subdivision 10a Requirements .................4
PART 3 Procedures Followed ..............................................................................6
PART 4 Findings ..................................................................................................6
A. Coverage Test ............................................................................6
B. Condition of Building Test ........................................................8
1. Replacement Cost ................................................................8
2. Code Deficiencies ................................................................8
3. System Condition Deficiencies ............................................9
C. Distribution of Substandard Structures ....................................1 l
PART 5 Team Credentials .................................................................................12
APPENDIX A Property Condition Assessment Summary Sheet
APPENDIX B Building Code and Condition Deficiencies Reports
APPENDIX C Property Condition Assessment
Code Deficiency Cost Reports
Photographs
Page 2
PART 1 - EXECUTIVE SUMMARY
PURPOSE OF EVALUATION
LHB was hired by the City of Eagan to inspect and evaluate the properties within a Tax
Increment Financing Renewal and Renovation District ("TIF District") proposed to be
established by the City. The proposed TIF District is located in the City of Eagan, in a general
area bounded by State Highway 3 (South Robert Trail), Red Pine Lane, Biscayne Avenue and
Gun Club Road (Diagram 1). The purpose of LHB's work was to determine whether the
proposed TIF District meets the statutory requirements for coverage, and whether three
buildings on seven parcels, located within the proposed TIF District, meet the qualifications
required for a Renewal and Renovation District.
L AN F_
Q
y 4
38
z
7 w
6 i m
J _ - 3A ~ 8
GUN CLUB ROAD
Diagram 1- Proposed TIF District
SCOPE OF WORK
The proposed district consists of seven (7) parcels with three (3) industrial structures.
All of the buildings in the proposed district received an on-site interior and exterior inspection.
The buildings were inspected in October 2005. Building code and Condition Deficiency reports
for each building inspected by LHB are located in Appendix B.
Page 3
CONCLUSION
After inspecting and evaluating the properties within the proposed TIF District and applying
current statutory criteria for a Renewal and Renovation District under Minnesota Statutes,
Section 469.174, Subdivision 10a, it is our professional opinion that the proposed TIF District
qualifies as a Renewal and Renovation District.
The remainder of this report describes our process and findings in detail.
PART 2 - MINNESOTA STATUTE 469.174, SUBDIVISION 10a REOUIREMENTS
The properties were inspected in accordance with the following requirements under Minnesota
Statutes, Section 469.174, Subdivision 10(c), which states:
Interior Inspection
"The municipality may not make such determination [that the building is structurally
substandard] without an interior inspection of the property..."
Exterior Inspection and Other Means
"An interior inspection of the property is not required, if the municipality finds that
(1) the municipality or authority is unable to gain access to the property after using its best
efforts to obtain permission from the party that owns or controls the property; and
(2) the evidence otherwise supports a reasonable conclusion that the building is structurally
substandard."
Documentation
"Written documentation of the findings and reasons why an interior inspection was not
conducted must be made and retained under section 469.175, subdivision 3(1)."
Qualification Requirements
Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied
parcels:
A. Coverage Test
..."parcels consisting of 70 percent of the area of the district are occupied by buildings,
streets, utilities, or paved or gravel parking lots"
The coverage required by the parcel to be considered occupied is defined under
Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: "For purposes of
this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel
parking lots unless 15 percent of the area of the parcel contains building, streets, utilities,
or paved or gravel parking lots."
B. Condition of Buildings Test
..."and 20 percent of the buildings are structurally substandard; and 30 percent of the
other buildings require substantial renovation or clearance to remove existing conditions
such as: inadequate street layout, incompatible uses or land use relationships,
overcrowding of buildings on the land, excessive dwelling unit density, obsolete
Page 4
buildings not suitable for improvement or conversion, or other identified hazards to the
health, safety, and general well-being of the community."
1. Structurally substandard is defined under Minnesota Statutes, Section 469.174,
Subdivision 10(b), which states: "For purposes of this subdivision, `structurally
substandard' shall mean containing defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors, which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance."
Definition of Substantial Renovation
Because "Substantial renovation" can mean different things to different people, LHB
has attempted to clarify exactly what we consider to be "substantial renovation" as it
relates to Minnesota Statutes, Section 469.174, Subdivision 10(a) (1).
a. First we researched national standards as to how much building owners should
budget for annual maintenance and repair on their buildings as a percentage of
replacement cost of the building.
1. According to the University of California "Facilities Renewal Budget
Model" report of 1999, building owners should budget between two and
three percent of current replacement value of their buildings for maintenance
and repair work. This does not include routine janitorial work and routine
items such as changing light bulbs and filters.
2. According to the Building Research Board of the National Research Council,
one and one-half to three percent of a building's replacement value should be
budgeted for maintenance and repair.
b. Based on this information, LHB utilized two and one-half percent as the desired
amount of maintenance and repair that should be budgeted annually to keep a
building in good working condition. We recognize through experience that only
a small percentage of sophisticated building owners actually budget for and
spend this amount of money every year on maintenance and repair. This is
because most business owners are driven by other budgetary issues and tend to
neglect the building maintenance and repair line items in their annual budgets.
c. By establishing how much a building owner should be budgeting per year for
maintenance and repairs, LHB is of the opinion that we could more easily
establish an amount that would be considered "substantial" in comparison. If an
owner is budgeting 2.5 percent of the building's replacement cost annually, most
business owners or home owners would have to take out a loan to cover the cost
of a substantial building improvement. Assuming they had a fixed level of
income to work with, they would have to keep the loan payment at a level very
near the original 2.5 percent they should have been budgeting each year. In
Page 5
addition, they still would have to budget for the original 2.5 percent on top of the
loan. In most cases, the mortgage terms would have to extend out to a point
beyond the life expectancy of the building they were trying to improve, as most
buildings built in the past fifty years are not designed to last beyond 40 years.
d. Based on the calculations described above, we have defined substantial
renovation for purposes of Minnesota Statutes, Section 469.174, Subdivision
10(a)(1), as renovation with costs exceeding 20% of the building's replacement
value.
2. Buildings are not eligible to be considered structurally substandard unless they meet
certain additional criteria, as set forth in Subdivision 10(c) which states:
"A building is not structurally substandard if it is in compliance with the building
code applicable to new buildings or could be modified to satisfy the building code at a
cost of less than 15 percent of the cost of constructing a new structure of the same
square footage and type on the site. The municipality may find that a building is not
disqualified as structurally substandard under the preceding sentence on the basis of
reasonably available evidence, such as the size, type, and age of the building, the
average cost of plumbing, electrical, or structural repairs, or other similar reliable
evidence."
"Items of evidence that support such a conclusion [that the building is not
disqualified] include recent fire or police inspections, on-site property appraisals or
housing inspections, exterior evidence of deterioration, or other similar reliable
evidence."
PART 3 - PROCEDURES FOLLOWED
A. LHB was able to schedule interior and exterior inspections for all three buildings in the
proposed TIF District. Inspections were conducted on October 13, 2005.
B. LHB also reviewed the language of the Eagan 2000 Comprehensive Plan Update related
to the area including this proposed TIF District.
PART 4 - FINDINGS
A. Coverage Test
I. The total square foot area of each parcel in the proposed TIF District was obtained
from City records, GIS mapping and site verification.
2. The total square foot area of buildings and site improvements on the parcels in the
proposed TIF District was obtained from City records, GIS mapping and site
verification.
Page 6
3. The percentage of coverage for each parcel in the proposed TIF District was
computed to determine if the 15 percent minimum requirement was net. The total
square footage of parcels meeting the 15 percent requirement was divided into the
total square footage of the entire district to determine if the 70 percent requirement
was met.
Finding:
The proposed TIF District met the coverage test under Minnesota Statutes, Section
469.174, Subdivision 10(e), which resulted in parcels consisting of 75.5 percent of the
area of the proposed TIF District being occupied by buildings, streets, utilities or
paved drives or parking lots (Diagram 2). This exceeds the 70 percent area coverage
requirement for the proposed TIF District under Minnesota Statutes, Section 469.174,
Subdivision 10a (a) (1).
" LANE
e 2
Q
4
W
z
~'f3 ` d
W
s ~
a
U
J 6 3 7 mI
8
3A
G U N C L U B PQAL)
Diagram 2
Shaded area denotes area of parcels "improved" by
buildings, streets, utilities or paved drives or parking lots
Page 7
B. Condition of Building Test
1. Replacement Cost
The first step in evaluating a building to determine if it is substandard to a degree
requiring substantial renovation or clearance is to determine its replacement cost.
This is the cost of constructing a new structure of the same square footage and type on
site. Replacement costs were researched using R.S. Means Cost Works square foot
models for 2005.
A replacement cost was calculated by first establishing building use (office, retail,
residential, etc.), building construction type (wood, concrete, masonry, etc.), and
building size to obtain the appropriate median replacement cost, which factors in the
costs of construction in Eagan, Minnesota.
Replacement cost includes labor, materials, and the contractor's overhead and profit.
Replacement costs do not include architectural fees, legal fees or other "soft" costs
not directly related to construction activities. Replacement cost for each building is
tabulated in Appendix A.
2. Code Deficiencies
The next step in evaluating a building is to determine what code deficiencies exist
with respect to such building. Code deficiencies are those conditions for a building
which are not in compliance with current building codes applicable to new buildings
in the State of Minnesota.
Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a
building cannot be considered structurally substandard if its code deficiencies are not
at least 15 percent of the replacement cost of the building. As a result, it was
necessary to determine the extent of code deficiencies for each building in the
proposed TIF District.
The evaluation was made by reviewing all available information with respect to such
buildings contained in City Building Inspection records and making interior and
exterior inspections of the buildings. LHB utilizes the 2003 Minnesota State Building
Code as the official code for our evaluations. The Minnesota State Building Code is
actually a series of provisional codes written specifically for Minnesota only
requirements, adoption of several international codes, and amendments to the adopted
international codes.
We chose not to count energy code deficiencies toward the thresholds required by
Minnesota Statutes, Section 469.174, Subdivision 10(b) and 10(c), due to concerns
expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc.
vs. City of Richfield case filed November 13, 2001.
After identifying the code deficiencies in each building, we used R.S. Means Cost
Works 2005, Unit and Assembly Costs to determine the cost of correcting the
identified deficiencies. We were than able to compare the correction costs with the
Page 8
replacement cost of each building to determine if the costs for correcting code
deficiencies meet the required 15 percent threshold.
Finding:
Three (3) out of three (3) buildings (100 percent) in the proposed TIF District
contained code deficiencies exceeding the 15 percent threshold required by Minnesota
Statutes, Section 469.174, Subdivision 10(c). A complete Building Code and
Condition Deficiency report for each building in the proposed TIF District can be
found in Appendix B of this report.
3. System Condition Deficiencies
If a building meets the minimum code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), then in order for such building to be "structurally
substandard" under Minnesota Statutes, Section 469.174, Subdivision 10(b), the
building's defects or deficiencies should be of sufficient total significance to justify
"substantial renovation or clearance." Based on this definition, LHB re-evaluated
each of the buildings that met the code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted
"substantial renovation or clearance" based on the criteria we outlined above.
System condition deficiencies are a measurement of defects or substantial
deterioration in site elements, structure, exterior envelope, mechanical and electrical
components, fire protection and emergency systems, interior partitions, ceilings,
floors and doors.
The evaluation of system condition deficiencies was made by reviewing all available
information contained in City records, and making interior and exterior inspections of
the buildings. LHB only identified system condition deficiencies that were visible
upon our inspection of the building or contained in City records. We did not consider
the amount of "service life" used up for a particular component unless it was an
obvious part of that component's deficiencies.
After identifying the system condition deficiencies in each building, we used our
professional judgment to determine if the list of deficiencies would total more than 20
percent of the replacement value of the building when added to the cost of total code
deficiencies. For example, if a building with a replacement value of 100 thousand
dollars had 17 percent code deficiencies, we would look at the list of system condition
deficiencies and make a professional judgment that the cost of fixing the system
condition deficiencies would be at least $3,000 (3 percent), in order for that building
to be considered substandard.
Finding:
In our professional opinion, two (2) of the three (3) buildings (67 percent) in the
proposed TIF District are structurally substandard to a degree requiring substantial
Page 9
renovation or clearance, because of defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance. This exceeds the 20 percent requirement of
Subdivision 10a. (a) (1) (ii).
Subdivision 10a. (a) (1) (iii)
Subdivision 10a. (a) (1) (iii) requires that at least 30 percent of the other buildings
(i.e., all buildings excluding the 20 percent minimum standard) meet the Subdivision
10a (1), clause (iii) test in which the "other" buildings require substantial renovation
or clearance to remove existing conditions such as: inadequate street layout,
incompatible uses or land use relationships, overcrowding of buildings on the land,
excessive dwelling unit density, obsolete buildings not suitable for improvement or
conversion, or other identified hazards to the health, safety, and general well-being of
the community.
Finding:
3 out of the 3 buildings (100 percent) in the proposed Renewal and Renovation
District exhibit existing conditions warranting renovation or clearance as defined by
Minnesota Statutes Subd. 10a. (1) (iii), described as follows:
• As noted above, two buildings (TIF parcel 6 and 8) were found to be
structurally substandard as defined by Minnesota Statutes, Section 469.174,
Subdivsion 10 (b) and (c). The factors under Subdivision 10a (1), clause (iii)
are broader, and include "obsolete buildings not suitable for conversion."
Buildings with deficiencies significant enough to meet the structurally
substandard test are, in effect, buildings that are obsolete and not suitable for
improvement. Therefore, both buildings found to be substandard in Appendix
A and B also meet the lesser "obsolescence" test of Subdivsion l0a (1), clause
(iii).
• TIF Parcel 7 -The code deficiencies in this building exceeded the 15 percent
criteria for being considered substandard, but the general condition
deficiencies in addition to the code deficiencies did not exceed 20 percent
which was established as our minimum criteria for a substandard finding.
LHB reviewed City documents, including the 2000 Comprehensive Plan
Update. Originally, the area West of Biscayne (including the parcels in the
proposed TIF District) were guided toward industrial uses, but the 2000
Comprehensive Plan Update changed the guide designation to Retail
Commercial and the zoning to Neighborhood Business. One of the reasons
for the change was the age and condition of the properties, suggesting that
they should not be encouraged to continue as industrial uses. This change in
guide designation and zoning was the culmination of more than 10 years of
discussion regarding the temporary nature of the industrial uses in the area as
Page 10
property around it developed into permanent residential uses, consistent with
their guide designations. The definition of the area as Neighborhood Business
also served the purpose of providing an opportunity for retail and services to
be established in a part of the City that does not currently have them.
Based on our review of the 2000 Comprehensive Plan Update, we find this
parcel to be an obsolete land use incompatible with the guide designation and
zoning for these parcels and the surrounding residential neighborhoods.
C. Distribution of substandard structures
Much of this report has focused on the condition of individual buildings as they relate
to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10
and 10a. It is also important to look at the distribution of substandard buildings
throughout the geographic area of the proposed TIF District.
Finding:
Buildings meeting the requirements of Minnesota Statutes, Section 469.174,
Subdivision 10 and 10a are reasonably distributed throughout the geographic area of
the proposed TIF District (Diagram 3).
A
LANE
s*
he 4
z
t' 3 B
z
v
7
3A S
GUN CLUB ROAD
Diagram 3 - Distribution of Substandard Structures
Light Shading - Structurally Substandard Building
Dark shading - Other Conditions warranting renovation or clearance (Subd. 10a. (1) (iii)
Page 1 I
PART 5 - TEAM CREDENTIALS
Michael A. Fischer, AIA -Project PrincipalITIF Analyst
Michael has nineteen years of architectural experience as project principal, project manager,
project designer and project architect on municipal planning, educational, commercial and
governmental projects. He is a Vice President at LHB and currently leads the Community
Design Group in LHB's Minneapolis office. Michael completed a two-year Bush Fellowship at
the Massachusetts Institute of Technology in 1999, earning Masters Degrees in City Planning
and Real Estate Development. Michael has served on over 35 committees, boards and
community task forces, including a term as City Council President and Chair of the
Duluth/Superior Metropolitan Planning organization. He is currently a Planning Commissioner
in Edina, Minnesota. He was one of four architects in the country to receive the National
"Young Architects Citation" from the American Institute of Architects in 1997.
Jerry A. Putnam, AL9, FCSI, CCS - Project Manager/Inspector
Jerry is a senior architect in LHB's Minneapolis office with twenty-five years of experience in
all phases of the architectural process, from pre-design through construction administration,
including specialty consulting in investigations for buildings, building condition surveys, TIF
inspections, code reviews, estimating and specification writing.
Jerry is an active member in the Construction Specification Institute (CSI). He has been
recognized as a Fellow of CSI for his dedication and leadership in the construction industry. In
addition to being past president of the largest CSI chapter in the United States, he serves on
many local, regional and national committees, and has given presentations at many specification
writing classes and workshops.
Bruce Chalupsky, ASLA - GIS/Coverage Analysis
Bruce has more than ten years of experience as a landscape architect/planner. During this time,
he has specialized on site master planning for public and private clients. Bruce has also pursued
specialization in Geographic Information Services (GIS) and is proficient in the administration
of community data and the production of maps for a variety of needs.
M:\05Proj\050393\ADMN\F200\Reports\Renovation and Renewal TIF Final Report 03-31-06.doc
APPENDICES
Appendix A - Property Condition Assessment Summary Sheet
Appendix B - Building Code and Condition Deficiencies Reports
Appendix C - Property Condition Assessment
Code Deficiency Cost Reports
Photographs
Page 12
APPENDIX G
BUT/FOR QUALIFICATIONS
Additional analysis and information will be added prior to the public hearing.
But-For Analysis
Current Market Value $1,092,900
New Market Value - Estimate 24,000,000
Difference $22,907,100
Present Value of Tax Increment 1,573,694
Difference $21,333,406
Value Likely to Occur Without TIF is Less Than: $21,333,406
APPENDIX G-1
Draft as of May 8, 2006
REDEVELOPMENT PLAN
for
SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. 1
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
CITY OF EAGAN
DAKOTA COUNTY
STATE OF MINNESOTA
Public Hearing: June 6, 2006
Adopted:
EHLERS Prepared by: EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105
& A S S O C I A T E S I N C 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com
TABLE OF CONTENTS
(for reference purposes only)
SECTION I. Redevelopment Project No. 1 and Its Redevelopment Plan 1
Section 1.1 Definitions 1
Section 1.2 Enabling Act; Statutory Authority 2
Section 1.3 Statement and Findings of Public Purpose 2
Section 1.4 Statement of Objectives and General Standards of Redevelopment 3
Section 1.5 Boundaries of the Redevelopment Project 4
Section 1.6 Property Acquisition 5
Section 1.7 Estimated Public Redevelopment Costs 5
Section 1.9 Environmental Controls; Land Use Regulations 5
Section 1.10 Park and Open Space to be Created 5
Section 1.11 Proposed Reuse of Property 5
Section 1.12 Administration and Maintenance of the Project 5
Section 1.13 Relocation 6
Section 1.14 Amendments 6
SECTION II. DEVELOPMENT ACTIVITY COSTS AND EXPECTATIONS, PROGRAM..... 1
Section 2.1 Development Activity Anticipated for the Redevelopment Protect 1
Section 2.2 Estimated Public Improvement Costs 1
Section 2.3 Reasonable Expectations 1
Section 2.5 Public Redevelopment Costs 1
Section 2.6 Contributions of State Public Bodies 1
Section 2.7 No Conflict of Interest 2
Section 2.8 No Discrimination 2
EXHIBIT II-A 3
EXHIBIT II-B 4
SECTION I.
Southeast Eagan Redevelopment Project and Its Redevelopment Plan
Section 1.1 Definitions
The terms defined below, for purposes of the Southeast Eagan Redevelopment Project and
Redevelopment Plan and for purposes of any Tax Increment Districts and Plans which may
hereafter be established and approved within the Redevelopment Project, shall have the
following respective meanings, unless the context specifically requires otherwise. As in
Minnesota Statutes, Section 469.090, the term "development" includes redevelopment, and the
term "developing" includes redeveloping.
"Authority" means the Eagan Economic Development Authority, established pursuant to the
Enabling Act and City Resolution passed by the Eagan City Council.
"City" means the City of Eagan, Minnesota;
"Council" means the Council of the City, its governing body;
"County" means Dakota County, Minnesota;
"Enabling Act" means:
(1) The Minnesota Economic Development Authority Act, as codified in
Minnesota Statutes Section 469.090 through 469.1081;
(2) The Minnesota Municipal Housing and Redevelopment Act, as codified in
Minnesota Statutes Section 469.001 through 469.047;
(3) The Minnesota Municipal Industrial Act, as codified in Minnesota Statute
Section 469.152 through 469.1651; and
(4) The Minnesota City Development Districts Law, as codified in Minnesota
Statutes Section 469.124 through 469.134;
(5) As to the Program, the home rule charter of the City, all as they may be
amended or supplemented.
"Land Use Regulations" means all federal, state and local laws, rules, regulations, ordinances,
and plans relating to or governing the use of development of land in the City, including but not
limited to environmental, zoning and building code laws and regulations.
"Program" means the initial developmental activity of the authority for the redevelopment
Project, an incentive program for new home construction as further described in Section 2.4.
"Redevelopment Project" means the Southeast Eagan Redevelopment Project of the Authority
established hereby, as the same may be amended.
1-1
"Redevelopment Project Area" means the real property within the City constituting the
Redevelopment Project, as specified in Section 1.5.
"State" means the State of Minnesota.
"Tax Increment District" means any tax increment financing district established pursuant to the
Tax Increment Act now or in the future within the Redevelopment Project, and as the same may
be amended.
"Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179 as the same
may be amended.
"Tax Increment Plans" means the respective tax increment financing plans adopted pursuant to
the Tax Increment Act for the Tax Increment Districts respectively as the same may be amended.
Section 1.2 Enabling Act; Statutory Authority
Pursuant to the Enabling Act, the City was authorized to form the Economic Development
Authority.
It is the intention of the authority, notwithstanding the enumeration of specific goals and
objectives in the Redevelopment Plan that the Authority shall have and enjoy with respect to the
Redevelopment Project the full range of powers and duties conferred upon the Authority
pursuant to the Enabling Act, the Tax Increment Act, municipal housing and redevelopment
authority laws, and such other legal authority as the Authority may have or enjoy from time to
time.
Section 1.3 Statement and Findings of Public Purpose
The Authority finds that there is a need for development within the City and Redevelopment
Project to provide employment opportunities, to improve the local tax base, and to improve the
general economy of the City and State. The sound development of the economic security of the
people in the City depends upon proper development of marginal property, as recited in
Minnesota Statute Section 469.124, and as further defined in Minnesota Statutes Section 469.048
Subd. 5, which includes property that meets any one of a number of conditions, including land
within an industrial area not used for industry but needed for industrial development of the area,
properties whose values are too low to pay for the public services required or rendered and
properties whose lack of use or improper use has resulted in stagnant or unproductive land that
could otherwise contribute to the public health, safety and welfare. The Authority further finds
that the sound development of the economic security of the people in the city depends upon
proper development of land which falls within the statutory definition of "blighted area", as
defined in Minnesota Statutes Section 469.002, Subd. H.
The Authority finds that in many cases, lands in a blighted area cannot be developed
without public participation and assistance in forms including property acquisition and/or write
down, proper planning, the financing of land assembly in the work of clearance or development
and the making and/or financing of various other public and private improvements and
1-2
investments necessary for development. In cases where the development of marginal and other
property cannot be done by private enterprise alone, the Authority believes it to be in the public
interest to consider the exercise of its powers, to advance and spend public money, and to
provide the means and impetus for such development.
The Authority finds that in certain cases property within the Redevelopment Project Area
would not or may not be available for the development without the specific financial aid to be
sought, consistent with the needs of the City as a whole, for the development of the Project Area
by private enterprise, and that the Redevelopment Plan conforms to the general plan for the
development of the City as a whole.
The Authority also finds that the welfare of the City and State requires the active
promotion, attraction, encouragement, and development of housing and economically sound
industry and commerce through governmental action for the purpose or preventing the
emergence of blighted and marginal lands and areas of chronic unemployment. It shall also be
the policy of the Authority to facilitate and encourage such action as may be necessary to prevent
the economic deterioration of such areas to the point where the process can be reserved only by
total redevelopment. Through the use of the powers conferred on the Authority pursuant to the
Enabling Act, promoting economic development and housing may prevent the occurrence of
conditions requiring redevelopment and prevent the emergence of blight, marginal land, and
substantial and persistent unemployment.
The Authority also finds that the welfare of the City requires (1) the development and
redevelopment of blighted areas, in situations in which private enterprise would not act without
government participation or subsidies (2) removing, preventing, or reducing blight, blighting
factors, and the causes of blight, and (3) urban renewal projects to eliminate or prevent the
development or spread of slums or blighted or deteriorating areas.
Additional findings as to the Program are stated in Sections 1.10 and 2.4.
Section 1.4 Statement of Objectives and General Standards of Redevelopment
The Authority seeks to achieve one or more of the following objectives with respect to such
property within the Redevelopment Project as the Authority may determine and in such
circumstances and upon such terms as the Authority may deem appropriate or necessary;
(a) To promote and secure the prompt development of property within the
Redevelopment Project Area, which property is not now in its most productive use, and in a
manner consistent with the comprehensive plan of the City, thus realizing comprehensive plan,
land use, and tax base goals.
(b) To secure the prompt development of property in the Redevelopment Project Area in
order to expand the City's tax base and realize a return on presently existing public investment in
public utilities, streets, and other infrastructures.
(c) To assist such prompt development through the Program or other public assistance
such as acquisition or write-down of certain interests in property within the Redevelopment
Project Area which is not now in productive use or in it highest and best use, to make or defray
1-3
the cost of soil corrections or site improvements on said property, and to construct or reimburse
for the construction of public improvements and other facilities on or for the benefit of said
property, thereby promoting and securing the development of other land within the
Redevelopment Project Area.
(d) Through the implementation of this Redevelopment Plan, to provide an impetus for
residential development, especially of single-family owner-occupied homes, desirable or
necessary for increased population within the City.
(e) To secure the increase of industrial and commercial property subject to taxation
within the Redevelopment Project Area and to promote the tourism base of the City and County.
(f) To promote and secure additional employment opportunities within the City and to
prevent the loss of existing employment opportunities, thereby preventing the loss of valuable
human resources.
(g) To provide funding for an ongoing development strategy and to prioritize the use of
available resources.
(h) To implement and revise from time to time, as may be deemed necessary or
desirable, a consolidated and unified Redevelopment Plan and to finance the associated
development costs on an area-wide basis.
(i) To employ any of the powers of the Authority for the benefit of the Redevelopment
Project in such case and upon such terms as the Authority may deem appropriate. 0) To
construct or acquire facilities deemed desirable for the development of the Redevelopment
Project Area.
0) To prevent the emergence of, and promote redevelopment of, blighted or marginal
property.
Section 1.5 Boundaries of the Redevelopment Project
The property within the City which constitutes the Redevelopment Project is shown on the map
attached to Section II hereof as Exhibit II-A; more specifically, the Redevelopment Project Area
consists of the portions of the City includes the following parcels:
100360002082
103180005001
* 100360002179
103180004001
103180003001
100360002279
103180002001
103180001001
*Please note that this parcel is currently in the process of being subdivided and will be
assigned a new parcel number. After the subdivision, both parcels will be included in the
1-4
Project Area.
The Authority finds that the Redevelopment Project Area, together with'the objectives
which the Authority seeks to accomplish or encourage with respect to such property, constitutes
a "Redevelopment Project" within the meaning of Minnesota Statutes 469.002, Subd. 14.
Section 1.6 Property Acquisition
The Authority intends to acquire such property, or appropriate interests therein, within the
Redevelopment Project Area as the Authority may deem to be necessary or desirable to assist in
the implementation of the Redevelopment Plan.
Section 1.7 Estimated Public Redevelopment Costs
(a) The estimated costs of the Program are $3,000,000, or so much thereof as can be
financed.
(b) The costs of the public improvements to be made or the additional public
redevelopment costs to be incurred within the Redevelopment Project Area and financed in
whole or in part by the Authority are not estimated at the time of adoption of this Redevelopment
Plan.
Section 1.8 Environmental Controls; Land Use Regulations
All municipal actions, public improvements and private development shall be carried out in a
manner consistent with existing environmental controls and all applicable Land Use Regulations.
Section 1.9 Park and Open Space to be Created
Park and open space within the Project, if created will be created in accordance with zoning and
platting ordinances.
Section 1.10 Proposed Reuse of Property
The Redevelopment Plan contemplates that the Authority may acquire property and reconvey
the same to another entity. In order to avoid liability associated with direct acquisition by the
Authority, the Authority may also reimburse developers for the cost of acquisition without the
Authority taking title. Prior to formal consideration of the acquisition of any property, the
Authority will require the execution of a binding development agreement with respect thereto
and evidence that Tax Increments or other funds will be available to repay the Public Costs
associated with the proposed acquisition. It is the intent of the Authority to negotiate the
acquisition of property whenever possible. Appropriate restrictions regarding the reuse and
redevelopment of property shall be incorporated into any development agreement to which the
Authority is a party.
Section 1.11 Administration and Maintenance of the Project
Maintenance and operation of the Project will be the responsibility of the Executive Director of
1-5
the Authority who shall serve as administrator of the Project. Each year the administrator will
submit to the Board the maintenance and operation budget for the following year.
The administrator will administer the Project pursuant to the provisions of the Enabling
Act; provided, however, that such powers may only be exercised at the direction of the
Authority. No action taken by the administrator pursuant to the above-mentioned powers shall
be effective without authorization by the Authority.
Section 1.12 Relocation
Any person or business that is displaced as a result of the Redevelopment Plan will be relocated
in accordance with Minnesota Statutes, Section 117.50 to 117.56. The City accepts its
responsibility for providing for relocation assistance pursuant to the Enabling Act.
Section 1.13 Amendments
The Authority reserves the right to alter and amend the Redevelopment Plan and the Tax
Increment Financing Plans, subject to the provisions of state law regulating such action. The
City specifically reserves the right to enlarge or reduce the size of the Project and the Tax
Increment Financing District, the Redevelopment Plan and the public costs and the amount of tax
increment bonds to be issued to finance such cost by following the procedures specified in
Minnesota Statutes, Section 469.175, subdivision 4.
1-6
SECTION II.
DEVELOPMENT ACTIVITY COSTS AND EXPECTATIONS, PROGRAM
Section 2.1 Development Activity Anticipated for the Redevelopment Project
(a) The initial development activity anticipated for the Redevelopment Project is the
construction of new commercial development under the Program.
(b) The Authority anticipates that it will enter into suitable agreements with the owners
of properties within the Redevelopment Project Area, or with other suitable developer(s), for the
acquisition and/or improvement of property in the Redevelopment Project Area; and the
completion or other site preparation, utility and improvement measures (collectively, the
"Development"). In consideration of the needed Development, the Authority also anticipates
contributing towards defraying site acquisition, site improvement and utility costs expected to be
incurred in completing the Development.
Section 2.2 Estimated Public Improvement Costs
(a) The Program is likely to encourage the construction of new commercial development
in areas already supported by the City's existing street and utility infrastructure. The City
anticipates future public improvement costs in connection with the Program to expand
infrastructure.
(b) The estimated amounts of the public redevelopment costs within- and for the benefit
of the Redevelopment Project are addressed in Section 1.7. General obligation and/or revenue
tax increment obligations, in addition to the direct use of tax increments, may be used if and as
required to finance such costs, and the interest paid on such obligations would be in addition to
the amounts of the costs referenced above. Additional sources of revenue derived from the
Authority's activities within the Redevelopment Project under the Enabling Act may also be
used, if available.
Section 2.3 Reasonable Expectations
As required by the Enabling Act, in establishing this Redevelopment Project the determination
has been and is hereby made that the land for the commercial construction encouraged by the
Program and for the anticipated future Development would not reasonably be made available for
redevelopment without the financial aid to be sought, and that therefore, the exercise of
redevelopment powers as herein provided is deemed necessary.
Section 2.4 Public Redevelopment Costs
The costs of the Program are public redevelopment costs within the meaning of the Enabling
Act.
Section 2.5 Contributions of State Public Bodies
The Program will utilize contributions of state public bodies, to-wit, the City and County or both
of them.
2-1
Section 2.6 No Conflict of Interest
The Program and Redevelopment Project will be operated in full compliance with laws
prohibiting conflicts of interest.
Section 2.7 No Discrimination
The Program and Redevelopment Project will be operated in full compliance with laws
prohibiting discrimination.
2-2
EXHIBIT II-A
Boundary Map of the Southeast Eagan Redevelopment Project of the Eagan Economic
Development Authority
2-3
EXHIBIT II-B
The Southeast Eagan Redevelopment Project of the Eagan Economic Development
Authority consists of the following portions of the City of Eagan, Dakota County, Minnesota:
100360002082
103180005001
* 100360002179
103180004001
103180003001
100360002279
103180002001
103180001001
*Please note that this parcel is currently in the process of being subdivided and will be
assigned a new parcel number. After the subdivision, both parcels will be included in the
Project Area.
2-4
Eagan Boundary
N Right-of-way
p Park Are k Area Area
Location Ma Parcel
® Building Footprint
® IN d
d s m a ® c'S
0 ~
• ~ s8 m t? ~ ee
O ".v4gb ® ® 4i
• . IN
a ams® s d `
0 7516 #-1 1 ~ P a ~ ' A: o a.r
s s a• d L e® c
P
rq. q as:
.R
o d
0
C ® g® + a p ♦ ! P
~ p0 : Cr d ~~a ~d® 4 Q s
a t e E~ if
- d ~ e 4
_ • ~ aP s
e® A ro~' ® m a ~ s
Subject Site
O
if ~ q r
~ ago
• ° EL _ ® 6 b
O
3 ~
Q Q ® ®
P) ~=7
1000 0 1000 2000 Feet
Southeast Area TIF District No. 1
77
Map Prepared using ERSI ArcView 11. Parcel base nap data provided N
by Dakota County Office of GIS and is current as of April 2005.
City of Eakan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
not responsible for errors or omissions.
:i t 55- - 'Y~
_ rA }r p+ ~~~'ti.; .4 ,fix+.
.a.• _ • w ~ .1 ~:)p~_ ~ _ u. a
- c.E~.L C-~cti, .~k"4 rx+~"Y.!'~,f "T: iV• 4 `}y'i
a
e
T ; a
Ell
+
L3. M: r),
ixa
'It
3
J
ra• a5 ~rW
j,~; •r ~..YY. sr. F
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
B. VARIANCE TO EXCEED LOT COVERAGE AT 4387 BENT TREE LANE -
TODD & SUSAN JOHNSON
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Variance to exceed 20 percent lot coverage
by 1.26 percent for an addition to the principal structure at 4387 Bent Tree Lane; subject to the
conditions listed in the staff report.
REQUIRED VOTE FOR APPROVAL:
Majority of quorum
FACTS:
➢ This identical Variance was approved in May 2004 but was not implemented and expired
in May 2005.
➢ The applicant submitted an application for a building permit for an addition to their
existing home and discovered their proposal would exceed allowed lot coverage by 1.26
percent.
➢ The property is zoned R-1 Single Family Residential; R-1 standards limit lot coverage to
20 percent.
➢ The 12,005 square foot lot has a house and attached garage with a 2,210 square foot
footprint creating lot coverage of 18.4%.
➢ An existing 385 square foot deck was attached to the rear of the home and has been
removed to accommodate the proposed 112 square foot deck and a 342 square foot
footprint basement and first floor addition.
60 DAY AGENCY ACTION DEADLINE
➢ Deadline is July 15, 2006
ATTACHMENTS (1):
Planning Staff Report pages&hroughn I
-1q
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 19, 2006 CASE: 25-VA-09-05-06
APPLICANT: Todd & Susan Johnson HEARING DATE: June 6, 2006
PROPERTY OWNER: Same APPLICATION DATE: May 15, 2006
REQUEST: Building Coverage Variance PREPARED BY: Julie Strid
LOCATION: 4387 Bent Tree Lane
(Lot 3, Block 1, Autumn Ridge 2nd Addition)
COMPREHENSIVE PLAN: LD, Low Density (0-4 units/acre)
ZONING: R1, Residential Single
SUMMARY OF REQUEST
Todd and Susan Johnson are requesting a 1.26 percent Variance from the 20 percent maximum
building coverage standard in Residential zoning districts for the construction of a 342 square
foot living space addition on property located at 4387 Bent Tree Lane (Lot 3, Block 1, Autumn
Ridge 2°d Addition) in the NE 1/4 of Section 25.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 3.B.3 states that the Council may approve,
approve with conditions or deny a request for a variance. In considering all requests for a
variance, the City Council shall consider the following factors:
a. Exceptional of extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owners of property have no
control.
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. That special conditions or circumstances do not result from the actions of the applicant.
Planning Report - Todd Johnson Variance
May 18, 2004
Page 2
d. That granting of the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to owners of other lands, structures or buildings
in the same district.
e. The variance requested is the minimum variance which would alleviate the hardship.
f. The variance would not be materially detrimental to the purposes of this Code or to
property in the same zone.
CODE REQUIREMENTS
City Code Section 11.60 Subd. 5.E allows for a maximum building lot coverage of 20% in an R1
zoning district. Only covered structures and buildings are considered when calculating building
lot coverage.
BACKGROUND/HISTORY
The applicant applied for this same variance in April of
2004. The Variance was to exceed the 20 percent lot
coverage by 1.26% for an addition to the principal structure.
The Variance was approved by the City Council on May 18,
2004. ,
The Variance was not utilized and expired on May 18, 2005.
The Applicant was unaware that the variance had expired
and had not finished the new addition.
The subject site was platted as part of Autumn Ridge 2»d Addition. The Autumn Ridge
development, approved in 1989, rezoned 38.6 Agricultural acres to R-1 for development of 99
single family lots. A condition of plat approval was phase two of the project could not proceed
without a second access to the development. Because the property owner was not willing to sell
to provide for this access, an Amendment of Plat to add 20 additional lots for Autumn Ridge 2°d
Addition was approved in 1992.
The smallest lot size in the Autumn Ridge development is 12,000 square feet. The minimum lot
area in the R-1 (Residential Single Family) zoning district is 12,000 square feet. The subject site
is 12,005 square feet in area.
EXISTING CONDITIONS
An existing single family dwelling and three-stall attached garage was built in 1992. The home
has a building footprint of 2,210 square feet creating building lot coverage of 18.4%. A 385
square foot deck attached to the rear of the home and was removed in 2005.
Planning Report - Todd Johnson Variance
May 18, 2004
Page 3
EVALUATION OF REQUEST
The applicants are proposing a 342 square foot footprint basement and first floor addition with a
112 foot deck. The existing home and proposed 342 square foot addition would total 21.26% lot
coverage, exceeding the 20% lot coverage allowed by code.
The proposed addition meets all required setbacks, according to the Site Plan. The elevation plan
indicates the proposed addition blends with the existing architecture and materials of the home.
The addition would consist of a lower level office and study room and an upper level family
room.
APPLICANT'S ESTIMATE OF HARDSHIP
The applicants have stated they do not want to leave their home, but they would like to increase
their living space and work space to accommodate their family's growth, their changing lives and
the employment and educational requirements for their family. They have concluded that were
their home and proposed addition located on other typical lots in the area, such as the adjacent
property next door (a lot measuring 12,846 square feet in size), the total lot coverage would be
less than 20% and their proposed project would be allowed without a variance approval.
SUMMARY/CONCLUSION
Todd and Susan Johnson are requesting a building coverage Variance to construct a living space
addition. A single family dwelling with a three-stall attached garage is present on the site.
According to the survey, the addition meets all other minimum and maximum bulk standards.
The proposed addition will exceed the maximum allowable 20% building coverage for a single
family lot. It is calculated that the proposed addition will exceed the maximum building
coverage by approximately 1.26%.
ACTION TO BE CONSIDERED
To approve a Variance from the 20 percent maximum building coverage standard in Residential
zoning districts for the construction of a 342 square foot addition located at 4387 Bent Tree Lane
(Lot 3, Block 1, Autumn Ridge 2nd Addition) in NE '/4 of Section 25.
1. If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the council.
Such extension shall be requested in writing at least 30 days before expiration and shall state
facts showing a good faith attempt to complete or utilize the use permitted in the variance.
2. The finish materials and color of the addition shall match the existing principle structure.
3. The addition shall be located as indicated on the site plan dated May 15, 2006.
4. Lot coverage shall not exceed 21.26 percent.
Eagan Boundary
Right-of-way
Location Map LJ Parcel Area
0 Park Area
- Building Footprint
s• t 1 r ~r s\ ~
• r e a
ws .y• I s w Is
p '6 r • +i
i \ w ■ ■
L. ■
\ ¢ r
■ ■ y a
s
ea,
+ f ■ ■
+ t + ~ C I - t ~ ■s
r it ~ ■ ~■•S a y ~ s
S , ; ■ ■ a Sub'ect Site • i t 3.
■
11, qk
r ,p
• • ■ r~+r t 1
• ~ r a• r ♦ . 1
• • a I y of
S ~ ~ ~rt ~ ■ ■ ■ ar \ g
ap ■
F1
J. . °
t 1
•
I As 01
011
ra ♦ r s ! le ~
lip
~ • + ar• rs..r • 0 s s~
w .
1000 0 1000 2000 Feet
Development/Developer. Todd and Susan Johnson
Application: Variance
Case No.: 29-VA-09-05-06
Map Prepared using y Office of 3.1. Parcel base map data provided N
by Dakota County Office of G1S and is current as of April 2005.
City of Cagn THIS MAP IS INTENDED FOR REFERENCE USE ONLY 05 W E
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Development Department not responsible for errors or omissions.
UHF
r 37' ~ ~
~ E
i
y~ I
i
i
4 S
l / 1 F
L
.3837
,i
E
i
1
I
i
-Di?,fv~ v/AJ
i ,
y i
j '
SITE PLAN
C7T
-04
ire.
of
I SU ?O
w
r ~,ry tl
ti 0 `t a ( cd ¢¢3 W
oxa
's = dm? to y~ ~
GyW~z oFNUdiwm2 ¢ i ~
SLL? uJ, ~$caic~onm¢ z Ll g ~1
Ai
NNNZNUI¢V O ~ - ~ N
NNIPIIW NV<i~ m~00
(D<NriP< W ^
2 O%x%CXxNN.j V~ ~G V,
Om 2 NNNNNP ~X OS yy~a=~ a -
~ O ~fIlJ s
O OW w¢SLL OF N Wed arm~LL ~ $W~ ~ Ys r
Um O VI 2=pLLm~yOjOZ F- ..Q-•F fD Sm w WWd'D.~d ~ ids
OONN~ U' iWitiKJUOiJ d>JJ.O Jd?Q w _ mJm ¢ rvEN~xw e °VNm
w£$ S Z w ¢ J O pLLF JQ Qi ¢ F2~ C7 m 3
4 WN N 6 fi=x? Odw maN 00~ m~ .iPQP ma Z n
r m ~a \ £ip V rJUN ~ UZS P N Zz~u ~ °
°o~oWr wa•-, l N mE~m~~Z ~Ww ¢ xMx U-01
=m ^LL~ o PON m N W HIT
PS2~~6 m ~ ~ p6 ~ ? r ~~w
cin
try
wr ¢ r¢ Z ng N J° a Z
om.. LL m w o o V m F-•,~.~ m I s¢ ¢ie E-
s~z W N LL m W Yam I zga Z C7 LLU
ZO P LL Z %V) d F g W
Wmi a! 20 m gY1C1(tj mg WW
p NWO Q N ~V p?y ug m W LJj
WO ° co W
U ~
w 0.
J
O
r
Q Jam. 0..1
J
uQ
¢r
um~mu z ~LL
W OJ Iw N ZNOJO OW
° w-, u -omO U>
iN ¢ ~i z syt~ai Wi
ao uM NY=r oZW O
O O 2 m IVJJp-LLr
w£ i:" x "axdo°~ s Z
t-+
F xz mLL ~.J
Soot
r- Ui NO ~Q
° ZO
Fo 1'~
jN
I
~N z 1 +j.
0 1 w,
W J
O I. W
E" t~ ! rz
E
W w ~~11_
I E- N
WS 10 OI
IJ LLI
W
~5
V
May 12, 2006
City of Eagan
Planning Commission
3830 Pilot Knob Road
Eagan, MN 55122
Re: 4387 Bent Tree Lane Proposed Addition
Autumn Ridge 2°d Addition
Re-Application for Expired Variance
On May 18'h, 2004, the Eagan City Council approved our variance application for our planned
addition to our home. Due to a misunderstanding on our part, the variance expired after one year
without making a timely application for an extension. Since there have been no significant
changes to our comprehensive plans, we are submitting a copy of the original Written Narrative
Letter. In addition, we've included a copy of Ms. Granley's 2004 written report.
Updated Comprehensive Plan
Existing structure: Approximate deck size of 385 square feet.
Proposed Structure: 342 square foot 4-Season family room with a full
office/study below. 112 square foot deck.
Revised Proposed Schedule: Construction of New Addition.
Total Construction Time of 6 Months.
Start Date of June 2006.
(Deck was removed in 2005 prior to realizing the
expiration of the original Variance)
Thank you r your consideration.
Sin el ,
Todd Jo son us Orandi Johnson
Clio
April 18, 2004
City of Eagan
Planning Commission
3830 Pilot Knob Road
Eagan, W-; 55122
Re: 4387 Bent Tree Lane Proposed Addition
:Autumn Ridge 2°d Addition -
Variance Application
Written Narrative
In 2003, my wife and I decided to add on to our home. During our submittal process for a
building permit we were informed that our proposed addition put us over the foundation square
footage allowed for our lot size. Therefore, we are requesting a variance to the percentage of
foundation size to lot size. In our subdivision, there is a 20% foundation to lot size allowance.
With the proposed addition, the total finished foundation square footage calculates out to
20.65%. We are asking for a variance of less than 1% (0.65%). Of the six adjacent lots to our
property, our lot is the smallest. Our proposed house footprint would be within the 20/8 do
on five of the six adiacent properties hence not requiring a variance application. We would ask
that the planning commission consider this hardship and grant a variance for our property.
Our family has
g_rown since 1992 when we purchased our home here. Due to economic reasons,
moving to a larger home is not an option. This planned additional living and workspace would
satisfy our growth, our changing lives and the employment and educational requirements for our
family. To meet our needs we would like to remove our existing deck and build a lower level
office/study room and an upper level family room within this deck area.
Comprehensive Plan
Existing structure: Approximate deck size of 385 square feet.
Proposed Structure: 342 square foot 4-Season family room with a full office/study below. 112
square foot deck.
Proposed Schedule: Demolition of existing of existing deck.
Construction of New Addition.
Total Construction Time of 3 Months.
Start Date of June I".
Thank you for y r nsideration.
Sincerely r 1
Todd Johnson Susan Orand), Johnson
~57 KI A 00ATI\/C
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
C. VARIANCE - ANNA VAYNERMAN AND MICHAEL SHISHKIN
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a 2.5% Variance to the maximum 20% lot
coverage requirement for Lot 11, Block 2, Stoney Point 2°d Addition at 1566 Lakeview Curve
for the purpose of reconstructing an addition to the home.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The existing house was constructed in 1990 and is surrounded by other single-family
residential development.
➢ The Stoney Point 2nd Addition plat was approved in 1987 with a deviation allowing
numerous lots less than 12,000 sq. ft., the minimum area in the R-1 zoning district.
➢ The City Code limits building coverage on residential lots to 20%.
➢ The existing house is 2070 sq. ft. on a 10, 515 sq. ft. lot; a lot coverage ratio of 19.7%.
➢ The proposed addition is 300 sq. ft., resulting in a building area of 2,370 and a lot
coverage of 22.5%.
➢ The proposed addition meets all required setbacks and is architecturally compatible with
the existing structure.
➢ The applicant's narrative indicates they need additional kitchen/dining and bedroom
space for a growing family and wish to stay in their current neighborhood and Eagan.
The narrative further states the addition will not be visible from the street or other
properties, and will remain compatible in size and value with other homes in the area.
➢ A similar variance was granted in 2000 for another property within this development.
➢ While smaller than the 12,000 sq. ft. minimum for R-1 zoning, the lot size is similar to
other lots within the Stoney Point 2'd Addition development and is not a unique condition
of this property.
60 DAY AGENCY ACTION DEADLINE: July 15, 2006
ATTACHMENTS (2):
Planning staff report on pages through
Neighbor correspondence on page
8~
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 30, 2006 CASE: 16-VA-10-05-06
APPLICANT: Anna Vaynerman and HEARING DATE: June 6, 2006
Michael Shishkin
PROPERTY OWNER: Anna Vaynerman and APPLICATION DATE: May 16, 2006
Michael Shishkin
REQUEST: Variance PREPARED BY: Pamela Dudziak
LOCATION: 1566 Lakeview Curve
COMPREHENSIVE PLAN: LD, Low Density
ZONING: R-1, Single-Family
SUMMARY OF REQUEST
Anna Vaynerman and Michael Shishkin are requesting a 2.5 percent Variance from the 20
percent maximum building coverage standard in Residential zoning districts for the construction
of an addition to their single-family home on property located at 1566 Lakeview Curve, legally
described as Lot 11, Block 2, Stoney Point 2°d Addition) in the SE '/a of Section 16.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve,
approve with conditions or deny a request for a variance. In considering all requests for a
variance, City Council shall consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owners of property have no
control.
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. That special conditions or circumstances do not result from actions of the applicant.
dvin
Planning Report - Anna Vaynennan & Michael Shishkin
June 6, 2006
Page 2
d. That granting of the variance will not confer on the applicant any special privilege that is
denied by this Ordinance to owners of other lands, structures or buildings in the same
district.
e. The variance requested is the minimum variance which would alleviate the hardship.
f. The variance would not be materially detrimental to the purposes of this Code or to
property in the same zone.
CODE REQUIREMENTS
The property is zoned R-1, Single Family Residential. Section 11.60 Subdivision 5.E of the City
Code establishes a maximum building coverage area of 20 percent.
The applicant is proposing to construct a 2,370 square foot building footprint upon a 10,515 sq.
ft. lot resulting in a lot coverage of 22.5 percent.
BACKGROUND/HISTORY
The subject site was platted as part of Stoney Point 2°d Addition which was platted in 1987. At
the time of plat approval, the property was guided D-II, Mixed Residential Development (0-6
units/acre). Under the D-II guide plan designation, the development was approved with
numerous lots less than 12,000 sq. ft. in area (minimum lot size required in R-1 zoning).
With a building coverage of 19.7%, the home is currently in conformance with the lot coverage
requirement of the City Code.
EXISTING CONDITIONS
A single family dwelling with three-stall attached garage, which was built in 1990, is present on
the site. The subject site is 10,515 square feet in area. The site is bordered on all sides by single
family homes upon lots of similar size.
The property is currently guided for LD, Low Density (0-4 units/acre), residential development,
and retains the R-1 zoning designation.
According to City records, a similar variance to exceed the maximum 20% lot coverage was
granted in 2000 for another lot on this block within Stoney Point 2nd Addition. Like the subject
property, that lot was also undersized at 10,515 sq. ft.
EVALUATION OF REQUEST
Proposal - The applicant is requesting a Variance to allow for the construction of an addition to
an existing single-family dwelling. The addition to the rear of the home consists of a 2' x 24'
(90
Planning Report - Anna Vaynerman & Michael Shishkin
June 6, 2006
Page 3
expansion to the existing bedrooms, and a 12' x 21' room addition expanding the kitchen/dining
space on the main level and adding a bedroom on the lower level.
The Zoning Ordinance limits building coverage to 20 percent of the lot area. The subject site is
10,515 square feet. The existing home and garage occupy 2,070 sq. ft., and with the added 300
sq. ft., the building coverage would be 2,370 sq. ft., or 22.5 percent.
The proposed addition is on the rear of the home and meets all required setbacks according to the
site plan (shows -15 feet for the side and -40 feet for the rear). The elevation plan indicates the
proposed addition blends with the existing architecture of the home. The addition should utilize
siding and roof materials to match the existing home.
Variance Criteria - The Zoning Ordinance states that relief may be granted from a required
ordinance provision provided that there are special conditions that apply to the subject land, the
relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary
to alleviate a demonstrable hardship or difficulty.
The lot deviates from the minimum lot size required by the Zoning Ordinance for properties
zoned R-1 (Residential Single Family). The lot in question is 10,515 square feet in area. As a
point of comparison, if the home in question were located on a standard 12,000 sq. ft. lot, the
proposed lot coverage would be 19.75%, and the requested Variance would not be necessary.
However, this lot is comparable in size to other lots within this subdivision, and thus, there are
no special conditions applying to the property.
The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide
Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the
building coverage provision is to prevent the overcrowding of properties and to provide green
area for the health of the community. Since the request is to exceed this maximum requirement,
it appears to be contrary to the intent of the ordinance.
APPLICANT'S ESTIMATE OF HARDSHIP
The applicants' narrative indicates they are interested in expanding the house to accommodate a
growing family and wish to stay in their current neighborhood and Eagan. Their expansion needs
are for kitchen/dining and bedroom space. The narrative states that the addition will not be
visible from the street, the back yard is unusable because of a steep slope, and there is a buffer of
mature spruce trees along the rear yard obscuring views of the home from adjoining properties.
The applicant also states that the house would remain in scale in terms of size and value with
other homes in the neighborhood. In addition, one neighbor received variance approval in 2000
for a similar request to exceed 20% of the lot size. The applicant has submitted letters from two
neighbors stating no objection to the variance request.
9~
Planning Report - Anna Vaynerman & Michael Shishkin
June 6, 2006
Page 4
SUMMARY/CONCLUSION
Anna Vaynerman and Michael Shishkin are requesting a building coverage Variance to
construct an addition to their home at 1566 Lakeview Curve. A single-family dwelling with a
three-stall garage is present on the site. According to the survey, the addition meets minimum
setback standards.
The condition upon which the Variance appears to be based is applicable to other properties
within the area. This property does not appear to exhibit a unique or special feature that would
require or warrant relief from City ordinances. While the lot size is smaller than the standard R-1
lot size of 12,000 sq. ft., it is similar in size to other lots within the Stoney Point 2nd Addition
development. A similar variance request was granted for another property within this
development in 2000.
A determination regarding relief from the ordinance is considered a policy matter to be
determined by the City Council.
ACTION TO BE CONSIDERED
To approve a 2.5% Variance from the 20 percent maximum building coverage standard in
Residential zoning districts for the construction of a 300 square foot addition located at 1566
Lakeview Curve (Lot 11, Block 2, Stoney Point 2nd Addition) in the SE 1/4 of Section 16.
1. If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the council.
Such extension shall be requested in writing at least 30 days before expiration and shall state
facts showing a good faith attempt to complete or utilize the use permitted in the variance.
2. The addition shall not exceed the size shown on the proposed site plan.
3. The exterior materials of the proposed addition shall match the existing structure.
~z
Fagan Boundary
Right-of-way
Location Map Parcel Area
Park Area
_ Building Footprint
L: wJF:i-P7j
~Y C~
41
1~ ao
-
i ® • "Oyys~
Subject Site we 'Lot-
ra~~ ~ u ~ ~ ♦ a? r
e . er ■ 2 j ~
,a dF -s d S 1f
r s
o ~ + 'eF wi W
■3• , as f<■v ■u ~ ' ~ ~
a ~ d
a°+ Ile G f • t ■
3 f
L
e r •
t
t •j •f►` Off i sr
f ♦ b All 1 7 me a■ Jr i
a. / r f 4 ~ . r rrrrra~ • r •e
1 r /1a1~1 s rl ■
1000 0 1000 2000 Feet
Development/Developer. Anna Vaynerman
Application: Variance
Case No. 16-VA-10-05-06
Map prepared using y ERSI O Arc View GI3.1. Parcel base map data provided N
pn9 q n by Dakota County Office of GIS and is current as of April 2005.
City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY w* E
6 The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Development Department not responsible for errors or omissions.
.cluiFICATE OF SUHyEY C.R. WINDEN 6 ASSOCIATES, INC.
Land Planning. Surveys & Site Design
7880 Currell Blvd., Woodbury, MN 05125
For: M. T. EDGELL CONSTRUCTION Tel. 731 7702
Lot 11, Block 2, STONEY POINT
2ND ADDITION, Dakota County, MN
NO RTH t
L AKEVIEW CURVE
to Q'P5 N X 7 .5.00 -1 to
N
Io
k N 0° Il' 06"E0~
Loo- & -L -f = /O, S/ Ss,4.f--1. 'a"s ~ ; - - - -
3U0s~f 44. ° 5 ~~yyyti / Q I5
av, _ ~~•7~~ g~~•~L I 30 - 39.5 ^=I- O
l _ O
V I \
I 6 10 IC7V•2~ O p
h 10,
I
T to
LX/>/NG
3 N NDU`~F v
P I N N 0 ,
_ 4l.
c1p tVl aq ay' v .
a ~i I ar' Z
i LOT l l Pea
s~d
~ Aal.IrkaN
_t-1-DRAINA(3E 0 ITILITY
EASEMENT-v
5 ~
I- - - -15 Stib
h B
to
75.00
LEBEAO Rwpossd Muse EJovstlons SCALE I' -
XXX.X Denotes Existing Elevation B W ',E CoR• OF EI.F_c7. TENS. PAD
IXXX.X) Denotes Proposed Elevation Top of Foundation 826,6 5-j NE cot- OF 1..o f 11
o Denote Iron Monunnt Garage Floor 87b . 5 Et ey, = 875.43
f] Danotea wooden Stake Basement Floor 3• ~ Datum N.G .v. o. 1 719
-V. Denotes Surface Drainaga
WE IIEnEBY CERTIFY 111AT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF TIIE
BOUNDARIES OF THE LAI-10 ABOVE DESCRIBED A140 OF THE LOCATION OF ALL BUILDINGS. IF ANY.
111EREON. AND ALL VISIBLE ENCROACHMENTS. IF ANY. FROM OR ON SAID LAND.
Dated this ZZOT) day of M4,7-r-4 18c~o C.R. WINDEN 6 ASSOCIATES. INC.
r • 1; .
Book 199 Pays 70 ebb A40V2701 Minnesota Registration N iTs
4
1
-I,;
T~
All-
rn ~
rCn ~
u
0
9~
c\a.
G1
t»
4
n
I ~
CM
N 1
Q
Mn 1
+
LO !G" cwi
O
92,
elo
ors i : ~
t
{
t4
I
i~~_
y, i, f
4
i
n
n
0
~7
N
O
O
't7
n~
O
~ x
~ ~
~ y
w
o'
w
To: City Of Eagan
From: Anna Vaynerman and Michael Shishkin
1566 Lakeview Curve
Eagan, MN 55122
651-454-2737
Re: application for variance request
Dear City Council Members,
We are asking your consideration in regard to building permit applied for to expand our
home at the above address. We are a growing family and currently have 2 young
children. We need to add more space to the kitchen and the dining area. Also, we need an
extra bedroom because our parents are spending a lot of time in our place watching the
grandchildren when we are away on business trips. We need to either expand our home or
search for another home elsewhere. We really do love our neighborhood and Anna's
place of work is within 1 mile away which gives us even more reasons to stay. We have
leaved in this neighborhood for 8 years and really do not want to leave.
Our lot is 10,515 sq ft of which our house and garage cover 2,070 (19.69%)
We want to bring to your attention the following points to be taken into consideration:
1) The addition will give us the bedroom, more space in the kitchen and dining
area which is necessary for us to remain in this location
2) The addition will not be visible from the street
3) Our backyard is unusable land because of its very steep slope and it has never
been soded.
4) View for the neighbors behind us is completely obscured by a row of
approximately 50-60 ft. spruce trees.
5) Neighbors on either side would have no negative potential impact from
addition or blockage of views
6) House would remains in scale with homes in the rest of the neighborhood in
size and value
7) Our neighbors house was remodeled several years ago with the similar
addition.
We greatly appreciate your review of this decision and hope you will consider in our
favor.
Sincerely,
Anna Vaynerman & Michael Shishkm
RECEIVED MAY 1 6 2006
We have no objection to the City of Eagan granting a building variance to our
neighbors at 1566 Lakeview Curve.
Doug and Joan Stovall
1567 Lakeview Curve
Eagan, MN 55122
MayI5th, 2006
Eagan City Council
3830 Pilot Knob Road
Eagan, MN 55122
Dear City Council Members:
We are writing in support of our neighbors, Mike and Anna Shishkin of 1566 Lakeview
Curve in Eagan. We are aware that they are applying for a variance so that they may add
onto their home. We have no objections to this addition and feel that it will not only add
to the value of their home, but also to that of the neighborhood.
Sincerely,
lik4~
Roberta & Tim Cole
1570 Lakeview Curve
Eagan, Mn 55122
l~
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
D. PROJECT 778, TH 149 - STREET UPGRADE
ACTION TO BE CONSIDERED: Receive comments and close the public hearing on
the Environmental Assessment/Environmental Assessment Worksheet for Project 778
(Trunk Highway 149 - Street Upgrade).
FACTS:
• Project 778 provides for the upgrade of a 2.7 mile segment of State Trunk Highway
(TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail
south of Rich Valley Blvd. (Co. Rd. 71). The proposed project includes upgrading
TH 149 to a 4-lane divided roadway, with an urban curb & gutter section north of
Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the
intersection of TH 149 and Wescott Road, and dedicated turn lanes at street
intersections. A trail would also be constructed adjacent to TH 149, interconnecting
the existing neighborhoods and businesses with the existing regional trail system.
• On April 5, 2005, the City Council approved Project 778 after the close of the public
hearing. The final plans and specifications are nearing completion with MnDOT's
anticipated approval. The acquisition of right-of-way and easements from 42
properties is proceeding in anticipation of construction beginning in the fall of 2006
for private utility relocations and 2007 for the highway upgrade.
• As TH 149 is under MnDOT jurisdiction, the construction related activities must
meet state environmental approval requirements. Similarly, the $5.5 million of
federal funding requires that all construction related activities must meet federal
environmental approval requirements, as well.
• The Federal Environmental Assessment (EA) and the State Environmental
Assessment Worksheet (EAW) documents are required to obtain the state and federal
environmental approvals. For this project, a combined document covering both
requirements has been prepared as recommended by MnDOT.
• As part of the Environmental Assessment process, a public hearing is required along
with a 30-day public review period. The review period will end June 21, 2006.
• Based upon the analytical results and field observations from the Environmental
Assessment, there does not appear to be any concerns related to encountering
subsurface contamination during the reconstruction process.
• On April 18, the City Council scheduled a Public Hearing for June 6 to formally
present the Environmental Assessment/Environmental Assessment Worksheet and
formally receive public comment.
• Although not a requirement, mailed notices were sent to the adjacent property owners
and neighbors in Eagan inviting them to the public hearing to comment upon the
purpose and need of the project along with the anticipated social, economic, and
environmental impacts. All notices have been published in the legal newspaper.
101
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
D. PROJECT 778, TH 149 - STREET UPGRADE (cont)
ISSUES
• The purpose of the Environmental Assessment process is to address the social,
economic and environmental impacts of major projects to determine if the preparation
of a more detailed Environmental Impact Statement (EIS) is necessary. All comments
received at this public hearing will be combined with written comments received
during the formal 30-day public comment period and will be specifically and
individually address in a document that will be bought back to the City Council on
July 6 for "Findings of Fact & Conclusions" in regard to a need for a possible EIS.
• Depending on the comments received, it may be more appropriate for staff to provide
a written response in the FoF&C referenced above than verbally during the Public
Hearing.
ATTACHMENT
• Video presentation talking points, enclosed on pages and.
~ oZ.
The presentation will start at the north and drive south. This facilitates hitting the key points
related to the project on the southerly drive and then the key staging and scheduling points on the
north drive.
Comments during the drive to the south.
The project will begin at TH 55 on the north end. Note that there is work north of TH 55 on
Holiday Lane to allow for lanes to match up across the intersection.
(Project Begins at Courthouse Lane)
A trail is planned for the east side of TH 149. The trail starts at Courthouse Lane, crosses TH 55
and continues down to Wescott Road.
(Trail Proposed on East Side of TH 149)
(Signal Modifications at TH55)
The roadway elevation will be lowered by 6 feet at Chapel Lane. This will allow for better
access to Chapel Lane and will also improve sight distances along TH 149.
(Roadway Lowered by 6 Feet at Chapel Lane)
Intersection and signal modifications will be made at Yankee Doodle Road. Double left turn
lanes will be provided at this intersection.
(Intersection Modifications and Double Left Turn Lanes at Yankee Doodle Road)
Signal Modifications will also be made at Opperman Drive. Northbound and southbound free-
right turn lanes will be provided.
(Signal Modifications and Free Right Turn Lane at Opperman Drive)
A new signal system will be provided at Wescott Road / Baffin Trail. The intersection will be
raised to allow for a better crossing of the railroad tracks. The trail will end at this intersection.
(New Signal System and Grade Raise at Wescott Road / Baffin Trail)
Some of the tapering and lane drops will occur between Wescott Road and Rich Valley
Boulevard as we transition back to the two-lane, undivided roadway.
(Begin Transition Back to Two Lane Roadway)
From Rich Valley Boulevard to Albano Trail we finish tapering back down to the two-lane
roadway.
(Taper Back to Two Lane Roadway)
Comments during the drive back north.
As we turn around and drive back north, we will discuss some of the construction staging ideas
for the project. Full road closures will occur during construction. This will allow for faster and
safer construction along the corridor. These closures are anticipated to occur sequentially as the
contractor completes their work.
~~3
During Stage 1, the roadway will be closed from Albano Trail to Rich Valley Boulevard. The
segment between Rich Valley Boulevard and Wescott Road will remain open to serve the
businesses in that area. During this stage, a full-closure will also occur between Wescott Road
and the Yorktown Industrial Park. During this stage, the roadway in front of the Yorktown
Industrial Park will be constructed under traffic.
(Stage One Closures Depicted)
(Traffic Detoured to TH3, Rich Valley Blvd., Dodd Road and Elrene Road)
The second stage will see the roadway closed from just north of the Yorktown Industrial Park
businesses to the UPS driveway. Opperman Drive will remain open to cross traffic during this
time. The roadway from the UPS driveway to Yankee Doodle Road will be constructed under
traffic.
(Stage Two Closures Depicted)
The roadway from Yankee Doodle Road to TH 55 will be constructed under traffic. Short term
closures of local streets may occur during this time period, including Chapel Lane.
(Short Term Closures Required)
Holiday Lane will be constructed in conjunction with the roadway just south of TH 55.
(Construct with TH149 South of TH55)
We are anticipating the roadway will be reconstructed in one calendar year, with minor clean up
work occurring in the spring of 2008.
t~~
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
E. PROJECT 938, NICOLS ROAD - SIDEWALK IMPROVEMENTS
(PIN OAK DRIVE TO CLIFF ROAD)
ACTION TO BE CONSIDERED: APPROVE/DENY Project 938 (Nicols Road, Pin Oak Drive to
Cliff Road - Sidewalk Improvements) and authorize the preparation of detailed plans and specifications.
FACTS:
• On September 6, 2005, City staff received a petition containing 17 signatures representing 11
properties along Nicols Road, requesting sidewalk improvements, along the east boulevard of Nicols
Road from Pin Oak Drive to Cliff Road.
• After reviewing the petition, staff requested that the petitioners collect signatures from additional
property owners along the east side of Nicols Road who would be impacted by the construction of a
sidewalk.- The requested information was received from the petitioner on September 28, 2005.
• On October 18, 2005, the City Council received the petition and authorized the preparation of a
feasibility report by the City Engineer for Project 938 (Nicols Road, Pin Oak Drive to Cliff Road).
• A draft Feasibility Report was received by the Council on May 2, 2006 and a Public Hearing was
scheduled for Tuesday, June 6, 2006.
• An informational neighborhood meeting was held on May 30 to discuss the proposed improvements.
Of the 16 total properties (7 business/office and 9 residential) adjacent this improvement, one
property owner attended the informational meeting. No representatives of the four properties
proposed to be assessed attended the information meeting.
• All notices have been published in the legal newspaper and sent to all affected property owners
informing them of this public hearing.
ISSUES:
• The proposed sidewalk was initially anticipated to be constructed on the east side of Nicols Road.
Letters were sent to adjacent property owners on the east side seeking their comments on this
potential sidewalk location. After identifying the impacts of the proposed construction and
discussions with impacted property owners, it was determined that an analysis of the impacts of
constructing the sidewalk on the west side of Nicols Road should be performed. Letters were sent to
adjacent property owners on the west side of Nicols Road as well as those individuals who signed the
original petition seeking their comments on this revised location of the proposed sidewalk. Feedback
was then received from impacted property owners on the west side of Nicols Road. The resultant
recommendation is to construct a segment of the sidewalk on the east side of Nicols Road (from Pin
Oak Drive to Nancy Circle) and a segment of the sidewalk on the west side of Nicols Road (from
Nancy Circle to Cliff Road) to reduce the impacts to adjacent properties and provide better crossing
opportunities for pedestrians and bicyclists using the proposed sidewalk..
• On December 13, 2004, the City Council approved the Community Transportation Trail System
Policy for staff implementation. The policy states that proposed trail segments should be evaluated
with its criteria to ensure the utmost safety and practicality for the citizens of Eagan while bearing in
mind proper fiscal responsibility. The policy also states that its guidelines should be used as a general
method to rank all future trail segments to be constructed as public improvements. In reviewing the
proposed trail segment, the trail policy evaluation indicated a medium to high ranking. The requested
segment of sidewalk is not currently included in the City's Comprehensive Transportation Trail
System.
ATTACHMENTS:
• Feasibility Report, pageslQ~XhroughjZ(P
• Minutes of Informational Meeting, pagesiZ7 throughM
105
Cit y V,
Report for
Nicols Road
Sidewalk Improvements
City Project No. 938
Eagan, Minnesota
June 2, 2006
#b~ City of Eapn
June 2, 2006
Pat Geagan
MAYOR Honorable Mayor and City Council
City of Eagan
Peggy Carlson 3830 Pilot Knob Road
Cyndee Fields Eagan, MN 55122
Mike Maguire Re: Nicols Road
Meg Tilley Sidewalk Improvements
COUNCIL MEMBERS City Project No. 938
Thomas Hedges Dear Mayor and City Council:
CITY ADMINISTRATOR Attached is our report for the Nicols Road- Sidewalk Improvements, City Project No.
938. The report presents and discusses the proposed improvements and includes a cost
estimate, revenue sources and schedule.
We would be pleased to meet with the City Council at your convenience to review and
discuss the contents of this report.
MUNICIPAL CENTER Sincerely,
3830 Pilot Knob Road G
Eagan, MN 55122-1810
651.675.5000 phone
Timothy J. Plath, PE, PTOE
651.675.5012 fax Transportation Engineer
651.454.8535 TDD
I hereby certify that this report was
prepared by me or under my direct
MAINTENANCE FACILITY supervision and that I am a duly
Licensed Professional Engineer under
3501 Coachman Point the laws of the State of
Eagan, MN 55122 Minnesota.
651.675.5300 phone
651.675.5360 fax
651.454.8535 TDD Timothy J. Plath
Date: (0/z/06 Reg. No.42024
www.cityofeagan.com Reviewed By:
Department"o Public orks Date.
Review d By:
THE LONE OAK TREE / All
i
The symbol of
strength and growth Finance De Date: ` 7!
in our community.
l01
TABLE OF CONTENTS
Letter of Transmittal/Certification
Table of Contents
Page
1.0 Introduction/Project History .........................................................................................1
2.0 Scope 3
3.0 Feasibility and Recommendations 3
4.0 Proposed Improvements 3
4.1. Concrete Sidewalk 4
4.2. Modular Block Retaining Wall 4
4.3. ADA Compliant Pedestrian Curb Ramps 4
4.4. Driveway Replacements 5
5.0 Easements/Permits 5
6.0 Cost Estimate 6
7.0 Assessments 6
8.0 Assessment Financing Options 7
9.0 Revenue Source 8
10.0 Project Schedule 8
LIST OF APPENDICES
Appendix A
Preliminary Cost Estimate
Appendix B
Preliminary Assessment Roll
Appendix C
Figures -1 Location Map
-2 Proposed Typical Section
-3.1 and 3.2 Proposed Improvements and Assessment Map
-4 Standard Plate 440
~OR)
June 2006
Project 938
Sidewalk Improvements
Nicols Road
Eagan, Minnesota
1.0 Introduction/Project History
This project provides for the construction of a 6-foot wide concrete sidewalk along the
east side of Nicols Road, from Pin Oak Drive to Nancy Circle, and along the west side of
Nicols Road, from Nancy Circle to Cliff Road (CSAH 32). Nicols Road is a two-lane,
undivided minor collector roadway located in the southwest portion of Eagan, as shown
in Figure 1.
The project was initiated in response to a petition containing 17 signatures, representing
11 properties, which requests sidewalk improvements along the east boulevard of Nicols
Road from Pin Oak Drive to Cliff Road. After reviewing the petition, City staff
requested that the petitioners collect signatures from additional property owners along the
east side of Nicols Road who would be impacted by the construction of a sidewalk. The
requested information was received from the petitioners on September 28, 2005.
The proposed sidewalk was initially anticipated to be constructed on the east side of
Nicols Road. Letters were sent to adjacent property owners on the east side of Nicols
Road seeking their comments on this potential sidewalk location. After identifying the
impacts of the proposed construction and discussions with impacted property owners on
the east side of Nicols Road, it was determined that an analysis of the impacts of
constructing the sidewalk on the west side of Nicols Road should be completed. Letters
were sent to adjacent property owners on the west side of Nicols Road as well as those
individuals who signed the original petition seeking their comments on this revised
location of the proposed sidewalk. Once again, feedback was received from impacted
property owners on the west side of Nicols Road. The resultant recommendation is to
Page 1
109
construct a segment of the sidewalk on the east side of Nicols Road (from Pin Oak Drive
to Nancy Circle) and a segment of the sidewalk on the west side of Nicols Road (from
Nancy Circle to Cliff Road) to reduce the impacts to adjacent properties and provide
better crossing opportunities for pedestrians and bicyclists using the proposed sidewalk.
The feasibility of constructing an 8-foot, multi-use bituminous trail in lieu of a 6-foot,
concrete sidewalk was also analyzed. An 8-foot bituminous trail would provide a larger
facility that could more easily be shared by pedestrians, bicyclists and other recreational
and transportation users. However, the wider trail section would result in a reduced
boulevard width (4-foot) in certain areas and an increased retaining wall height along
4625 and 4635 Nicols Road. Therefore, the construction of an 8-foot bituminous trail
section is not feasible.
The proposed crossing location for pedestrian and bicyclists using the proposed sidewalk
will be on the north side of the Nancy Circle and Nicols Road intersection. This location
is preferred over the Pin Oak Drive and Nicols Road intersection because of the existing
private driveways currently located in the desired pedestrian curb ramp location.
Locating the crossing at Nancy Circle also avoids conflicts with another existing paved
driveway area as well as a native prairie grass planting area and the proposed sidewalk.
This proposed crossing location was -studied to determine if crosswalk protection devices
(i.e. marking, signing, etc.) are warranted in accordance with the City of Eagan
Pedestrian Crosswalk Policy. For purposes of the review, the intersection is considered
to be uncontrolled, along a minor collector roadway, and street lighting is present at the
proposed crossing location. Adequate sight distance is available and the location of the
proposed crossing provides connectivity of the sidewalk system. Adequate gaps are
currently available in the vehicular traffic to provide enough opportunities for pedestrians
to cross the roadway without the aid of a crosswalk. Therefore, no crosswalk protection
devices are warranted at this location.
On December 13, 2004, the City Council approved the Community Transportation Trail
System Policy for staff implementation. The policy states that proposed trail segments
should be evaluated with its criteria to ensure the utmost safety and practicality for the
Page 2
110
citizens of Eagan while bearing in mind proper fiscal responsibility. The policy also
states that its guidelines should be used as a general method to rank all future trail
segments to be constructed as public improvements. In reviewing the proposed trail
segment, the trail policy evaluation indicated a medium to high ranking. The requested
segment of sidewalk is not included in the City's Transportation Trail System.
2.0 Scope
This project provides for the following improvements:
■ Construction of a 6-foot wide, off-street concrete sidewalk.
■ Construction of a modular-block retaining wall adjacent to 4635 and 4635 Nicols
Road with an average height of 3-feet.
■ Reconstruction of existing bituminous driveways and a small portion of the
existing parking lot at Wendy's restaurant.
■ Replacement of existing, non-compliant ADA pedestrian ramps around the Nicols
Road/Cliff Road intersection.
3.0 Feasibility and Recommendations
This project is necessary to provide for safe pedestrian and vehicle movement along
Nicols Road.
This project is cost-effective in that the sidewalk and associated improvements will be
constructed as a whole instead of in portions by individual contracts. It is recommended
that these improvements be combined with other similar improvements within the City to
encourage additional cost saving due to the benefit of scale.
4.0 Proposed Improvements
This project provides for the installation of a concrete sidewalk along Nicols Road from
Pin Oak Drive to Cliff Road (CSAH 32). The proposed improvements are shown in
Figures 3.1 and 3.2.
Page 3
111
4.1. Concrete Sidewalk
This project provides for the construction of a 6-foot wide concrete sidewalk with a
variable width (6 feet minimum, 8 feet maximum) boulevard green space adjacent to
Nicols Road from Pin Oak Drive to Cliff Road (CSAH 32). The proposed concrete
sidewalk will supplement the safety lanes within the existing roadway and provide
multiple options for cyclists and pedestrians. A typical section of the proposed sidewalk
construction are shown in Figure 2.
Construction of the proposed sidewalk will require reconstruction of existing driveways
and a portion of the parking lot at Wendy's restaurant. Reconstructing the driveways and
portions of the existing parking lot will provide for acceptable grades on the driveways
and reduce the height of the proposed modular block retaining wall.
4.2. Modular Block Retaining Wall
Construction of a modular block retaining wall is required adjacent to 4625 and 4635
Nicols Road due to the significant elevation difference between the proposed sidewalk
and existing ground at the right-of-way line. The average height of the retaining wall is
approximately 3 feet and the maximum height is anticipated to be 4 feet.
4.3. ADA Compliant Pedestrian Curb Ramps
Recent revisions to the Americans with
Disabilities Act (ADA) requires jurisdictional
agencies to provide detectable warnings at all
existing pedestrian ramps of sidewalks and paths
with public streets that are improved, including
adjacent sidewalk improvements. The most
common method of providing this detectable warning is through the installation of
truncated domes a minimum of two feet in length across the width of all pedestrian
ramps. This project provides for the installation of four (4) truncated dome pedestrian
ramps on the bituminous paths and concrete sidewalks at the roadways within the project
area.
Page 4
J
The ADA requirements also extend to the accessibility of pedestrian push buttons at
traffic signal systems. Currently, the pedestrian push buttons at Cliff Road (CSAH 32)
and Nicols Road are not ADA accessible due to the presence of barrier curb and
substandard median islands which do not provide enough area for refuge. This issue was
discussed with Dakota County because of the need for the County's approval of and
desired financial participation in any improvements made within the County road right of
way. The conclusion of these discussions was that a complete intersection reconstruction
was required to safely and adequately resolve the ADA accessibility issue. The cost and
scope of this type of improvement requires it to be programmed in both agencies Capital
Improvement Plans. The timeline for the reconstruction of the Cliff Road/Nicols Road
intersection may be driven by Bus Rapid Transit (BRT) service improvements to the
adjacent Cedar Avenue corridor. The City and Dakota County will continue to determine
the appropriate timing of improvements to this intersection as the BRT improvements to
the Cedar Avenue corridor move into the final design stage. Therefore, only pedestrian
ramp improvements to the southwest quadrant are proposed at this time.
4.4. Driveway Replacements
The existing commercial entrances along the west side of Nicols Road were constructed
with bituminous driveway entrances. It is standard practice for the concrete sidewalk to
continue through entrances/driveways in order to provide a consistent walking and/or
riding surface for the sidewalk users. Therefore, existing entrances will be reconstructed
with 7-thick concrete entrance aprons in accordance with Eagan Standard Detail 440, as
shown in Figure 4.
Additionally, ADA requirements allow a maximum 2% cross slope on the sidewalk. This
requirement also applies to sidewalk as it crosses entrances/driveways. The existing
slope on the entrance to the Wendy's Restaurant is greater than 11%. In addition to
constructing a concrete entrance apron, this entrance will be regraded to provide an
ADA-compliant cross slope.
Page 5
113
5.0 Easements/Permits
Temporary construction easements will be required from one (1) parcel along the length
of the project as shown in the following table:
PID No. Address Estimated Temporary
Easement (s q. ft.)
10-22100-010-01 4615 Nicols Road (Wendy's) 1,500
Total 1,500
The total area of proposed temporary easement acquisition is approximately 1,500 square
feet and estimated costs for the purchase of the temporary easement ($1,000) has been
included in the project cost estimate.
It is anticipated that a Permit For Work Within The County Highway Right Of Way will
be required from the Dakota County Transportation Department for work with the Cliff
Road (CSAH 32) right-of-way. It is anticipated that the fees for this permit will be
waived by Dakota County.
6.0 Cost Estimate
A detailed cost estimate is located in Appendix A. The estimate is based on anticipated
2006 construction costs and includes a 5% contingency and indirect costs of 30%, which
include legal, administration, engineering, and bond interest.
• Sidewalk Construction $118,600
• Driveway Replacement $ 24,600
TOTAL ESTIMATED PROJECT COSTS $143,200
7.0 Assessments
According to the City's Special Assessment Policy, costs associated with the construction
of sidewalks/trails adjacent to minor collector roadways in residential areas are paid by
the City. Therefore, no assessments are proposed to be levied against the benefiting
residential parcels for the proposed sidewalk improvements.
Page 6
n(
However, assessments for'commercial driveway aprons are proposed to be levied against
the benefited properties with costs allocated in accordance with the City of Eagan's
Special Assessment Policy. Replacement of the existing bituminous driveway aprons
with concrete provides commercial entrances of adequate strength and is consistent with
similar past projects in commercial/industrial areas throughout the City. All assessments
will be revised based on final costs. A preliminary assessment roll is included in
Appendix B.
City Special Assessment Policy
Assessment Ratio
Property City
Sidewalk Improvements 0% 100%
Driveway Replacement 100% 0%
8.0 Assessment Financing Options
The property owner will have the option at the time of the assessment hearing to pay the
full assessment or include the assessment in with their property tax statement. If the
assessment is included with the property tax statement, the assessment will be spread
over ten years with the interest determined by the results of the bond sale used to finance
the improvements. For example, a total assessment = $8,200 will result in the following
payment schedule based on an estimated 5.5% interest for the assessed amounts:
Principal PerYear Interest Per Year Cost Per Year
First Year $820 $451 $1,271
Tenth Year ' - $820- $45 $865
Page 7 115
9.0 Revenue Source
Estimated Property
Work Item Project Cost Assessment City Contribution
Sidewalk Construction $118,600 $0 $118,600
Driveway Replacement $24,600 $24,600 $0
TOTAL PROJECT COST $143,200 $24,600 $118,600
The City's Major Street Fund will finance the estimated project deficit of $118,600
(82.8% of total). This project is not included in the 5-year Capital Improvement Plan
(CIP).
10.0 Proiect Schedule
■ Present Draft Feasibility Report to City Council/
Order Public Hearing May 2, 2006
■ Public Hearing June 6, 2006
■ Approve Plans and Specifications June 2006
■ Award Contract ........................................................................................July 2006*
■ Begin Construction July 2006*
■ Project Completion ......................................................................October 31, 2006*
■ Final Cost Report ...........................................................................November 2006*
* As previously stated, it is recommended that this project be combined with other similar improvements
within the City to encourage additional cost saving due to the benefit of scale. Timeline for award of
project contract and construction is contingent on the schedules of other similar improvements within the
City (Project 888 and/or Project 934).
Page 8
1~~
Appendix A
Nicols Road
Sidewalk Improvements
City Project No. 938
Preliminary Cost Estimate
Est.
Item No. Item Unit Qty. Unit Price Est. Cost
SIDEWALK CONSTRUCTION
2021.501 Mobilization LS 1 $5,000 $ 5,000
2104.501 Remove Concrete Curb and Gutter LF 300 $4.50 $ 1,350
2104.505 Remove Concrete Valle Gutter Sy 80 $14.00 $ 1,120
2104.505 Remove Bituminous Pavement Sy 340 $3.00 $ 1,020
2104.602 Remove and Reinstall Light EA 1 $5,000 $ 5,000
2105.501 Common Excavation Cy 340 $17.00 $ 5,780
2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON 120 $20.00 $ 2,400
2350.503 2" Bituminous Mixture for Parkin Lot Sy 135 $60.00 $ 8,100
2350.505 Bituminous Mixture for Patching TON 15 $125.00 $ 1,875
2411.618 Modular Block Retaining Wall- Non-Reinf. SF 400 $25.00 $10,000
2503.541 12" RCP Sewer, Cl. 5, Des 3006 LF 38 $30.00 $ 1,140
2506.501 Construct Drainage Structure Type C LF 8 $350.00 $ 2,800
2506.603 Reconstruct Manhole LF 18 $350.00 $ 6,300
2521.501 4" Concrete Walk SF 6,780 $3.00 $23,730
2521.602 Pedestrian Ramps (w/ Truncated Domes EA 7 $150.00 $ 1,050
2531.501 Concrete Curb and Gutter, B612 LF 135 $14.00 $ 1,890
2531.501 Concrete Curb and Gutter, B618 LF 135 $14.00 $ 1,890
2531.604 7" Concrete Valley Gutter Sy 40 $43.00 $ 1,720
2563.601 Traffic Control LS 1 $1,000.00 $ 1,000
2575.505 Sod and 4" Topsoil Sy 755 $5.00 $ 3,775
Subtotal $ 86,900
+ 5% Contingencies $ 4,300
Subtotal $ 91,200
+ 30% Indirect Costs $27,
400
ESTIMATED SIDEWALK CONTR UCTION COSTS $118,600
DRIVEWAY REPLACEMENT
2531.507 7" Concrete Driveway Pavement SY 200 $90.00 $18,000
Subtotal $18,000
+ 5% Contingencies $ 900
Subtotal $ 18,900
+ 30% Indirect Costs $ 5,700
ESTIMATED DRIVE WA Y REPLA CEMENT COSTS $ 24,600
TOTAL ESTIMATED PROJECT COSTS $143,200
I 11b
Appendix B
Nicols Road
Sidewalk Improvements
City Project No. 938
Preliminary Assessment Roll
Driveway
Address PIN Assessment
4655 Nicols Road 10-16930-030-01 $2,265
4651 Nicols Road 10-16930-020-01 $2,435
4635 Nicols Road 10-16930-010-01 $3,500
4625 Nicols Road 10-22100-020-01 $8,200
4615 Nicols Road 10-22100-010-01 $8,200
TOTAL ASSESSMENT $ 24,600
APPENDIX C
Figure 1- Location Map
Figure 2- Proposed Typical Section
Figures 3.1 and 3.2- Proposed Improvements and Assessment Map
Figure 4- Standard Plate 440
l~ 1
l
U V $
1`3 SILVER BELL RD.
0
Q
= Po
Q
Q:
DIFFLEY ROAD DIFFLEY
W 0
Y U w
W
} = z~
U
W J
W m i
LL s
SHALE LN. oa,PS
"V
W Rp b
U v
CQ FProject Location
°a
CLIFF (ROAD
~o
z
COVINGTON W OC
~ Y
Q
U
Q O ~
o 0
k
Q
iP
APPLE VALLEY
G:Feasibility Reports2D06\Proj 937 Nicols Rooftocation Mop 4-27-06
Nicols Road ( Pin Oak Dr. - Cliff Road )
City of Eagan Sidewalk Improvements Fig. 1
Engineering Department Location Map - Project 938
VARIES VARIES
(33'-50') (33'-50')
I I
6' VARIES VARIES VARIES 6' 6'
SIDEWALK (6'-8') (16'-26') (16'-26') SIDEWALK
1~
I
VARIES VARIES
2% (2% TO 1:4) (2% TO 1:4) 2%
NOTE:
SIDEWALK ON RIGHT SIDE
MODULAR BLOCK FROM PIN OAK DRIVE TO
RETAINING WALL NANCY CIRCLE ONLY.
@ 4625 & 4635
(3 FT MAX HT)
4" CONCRETE SIDEWALK (MIX TYPE 3A32)
4" AGG. BASE, CL. 5
(100% CRUSHED)
PROPOSED SIDEWALK CONSTRUCTION
G Fecsibility Reports2006\Proj928 Nicols Road Sidewalk\LONE_OAK_DR_TYP_SECT2.dwg 6-2-06
Nicols Road ( Pin Oak Dr. - Cliff Road )
City of Eavan Sidewalk Improvements Fig. 2
Engineering Department Project 938
1?z
I
I
j 4687 4677
4681
4691
I
4695
- CONST. PEDESTRIAN
O RAMP O
REMOVE CURB & GUTTER
Z o
,
m
I
w
NICOLS ROAD
Y 4" CONC. SIDEWALK II
O U
Z
II z
4690 4680
_.1
- -
l D4665 4651 - ---"I 4635
4655 0
- INSTALL MODULAR BLOCK -
RETAINING WALL
N t' RELOCATE POLE
0 (BY OTHERS) o li Ij - _ w
Zi
I I;
r 4~ \ ❑
RELOCATE LIGHTPOLE
BY OTHERS) INSTALL 7" CONC. 1
INSTALL CONC.
DRIVEWAY APRON DRIVEWAY Y APRON
ro
Q
I
LL,
IMF
CONST. PEDESTRIAN
O RAMP
® REMOVE CURB & GUTTER
4670
II PROPERTIES TO
BE ASSESSED
G:Feosibility Reports2006\Proj928NicoIsRoodSidewolk\EXHIBIT8z11A 4-27-06
Nicols Road ( Pin Oak Dr. - Cliff Road )
City of Ep Sidewalk Improvements Fig. 3.1
Engineering Department Project 938
12-4
i
_
4635 4625
M;
4E
tUi
INSTALL MODULAR BLOCK ` Q
w ! RETAINING WALL ;I w
- -
I
11W
1 I` A w
O U)
4° CONC. SIDEWALK °
INSTALL 7" CONC.
INSTALL 7" CONC.
DRIVEWAY APRON DRIVEWAY APRON NICOLS ROA
-
PEDESTRIAN _Z
O RAMP ! J
REMOVE CURB & GUTTER = _
U
■ - r PROPERTIES TO ! F- j
BE ASSESSED 2140
r.
I ~ is
ii
I ! i
CONNECT TO EX.
4625 REMOVE & REPLACE BITUMINOUS TRAIL
BITUMINOUS SURFACE
4615 j
O O
INSTALL 7" CONC. ~O~yy
W DRIVEWAY APRON LL
N ICOLS ROAD
Q
-w -
w U
cn w
I J
U
Q ~i
O CONST. PEDESTRIAN 2140
RAMP
REMOVE CURB & GUTTER
PROPERTIES TO
BE ASSESSED
G'.Feasibility Reports2006\Proj938 NICOLS ROAD SIDEWALK\EXHIBITBx11B 4-27-06
Nicols Road (Pin Oak Dr. - Cliff Road )
City of Eap Sidewalk Improvements Fig. 3.2
Engineering Department Project 938 7-15
SLOPE 3/4" PER FT.
_a. d .ev .e.
4 4
I I I I I I-I I I-I I II I I-1 ~ I I i i-I I I.
NOTE:
7" MINIMUM THICKNESS
REQUIRED ON ENTIRE APRON.
SUITABLE GRANULAR SUBGRADE OR CL. 5 (100% COMPACTION)
EXCAVATE SUBGRADE TO ACCOMODATE 7" THICKNESS AT FLOW LINE
SECTION A-A
MAXIMUM 8'
TRANSVERSE JOINT BETWEEN JOINTS
25' Min. Rad. / A
B6 Curb ° d
12'-6"
. ° e e 81 a '
Max. °
CONTRACTION JOINT EXPANSION JOINT
A (TYP.)
1. WHERE NEW DRIVEWAYS ARE TO BE ADDED 3. CONTRACTION JOINT PATTERN TO BE
ACROSS EXISTING C&G, REMOVE EXISTING DETERMINED BY ENGINEER.
C&G AND REPOUR INTEGRAL WITH THE
CONCRETE ENTRANCE. 4. REQUIRED MIX DESIGNATION = 3A32
2. CONCRETE APRON REQUIRED FOR ALL
ENTRANCES.
P LAN
G:DETAIL PLATES/E440
REVISED STANDARD
COMMERCIAL & INDUSTRIAL PLATE
City of Ea non 3/05 440
CONCRETE ENTRANCES
Engineering Department
)49 FIGURE 4
INFORMATIONAL NEIGHBORHOOD MEETING MINUTES
PROJECT 938, NICOLS ROAD SIDEWALK (PIN OAK DR TO CLIFF RD)
MAY 30, 2006, 6:30 P.M.
Attendance: Tim Plath, Transportation Engineer; 1 person representing 1 property.
A. Comments Received at the Neighborhood Meeting
• Ms. Rachel Gorton (lead petitioner) attended. Her comments of support for
the proposed project were emailed to the City Council on June 1, 2006 and
are attached to these minutes.
B. Comments Received Outside of the Neighborhood Meeting
• Ms. Jean Cheskis, owner's representative 4655 Nicols Road, called on
Tuesday, May 30, 2006 to express her opposition to the project and the
proposed assessments. She feels it is not fair for the desires of a small group
to cause her to pay a special assessment.
• Mr. Ilya Cheskis, owner's representative 4651 Nicols Road, called on
Tuesday, May 30, 2006 to express his opposition to the project and the
proposed assessments. He feels it is not fair for the desires of a small group to
cause him to pay a special assessment.
• Mr. Rick Casper, owner's representative 4625 Nicols Road, appeared at City
Hall on June 1, 2006 to express his opposition to the proposed project for the
following reasons:
1. The location of the proposed sidewalk is on the west side of Nicols
Road at Cliff Road while the MVTA bus stop is located on the east
side of Nicols Road at Cliff Road.
2. The location of the proposed sidewalk is on the west side of Nicols
Road at Cliff Road while the existing trail on the north side of Cliff
Road is located on the east side of Nicols Road.
3. General safety concerns with the grade of the existing driveways
adjacent to the proposed sidewalk on the west side of Nicols Road
and proposing the sidewalk on two sides of the road creating a street
crossing for pedestrians.
• Ms. Jean Cheskis, owner's representative 4655 Nicols Road, appeared at City
Hall on June 2, 2006 to inquire on the special assessment methodology and to
reaffirm her opposition to the project and the proposed assessments.
Attachment
\\Ea-city\engineer$\Feasibility Reports\Feasibility Reports 2006\Proj 938 Nicols Road Sidewalk\Proj 938 NH Mtg Minutes.doc
17:7
Page 1 of 1
Tim Plath
From: Rachel Gorton [rachel@gortons.net]
Sent: Wednesday, May 31, 2006 11:18 PM
To: City Council
Cc: Tim Plath
Subject: Project 938 - Nichols Road, Pin Oak Drive to Cliff Road
I am writing today in support of the proposed sidewalk addition on Nichols Road between Pin Oak Drive and Cliff
Road. I have lived in this neighborhood for almost seven years and have seen an increase in the pedestrian and
bicycling traffic along Nichols Road as well as the increase in houses, businesses and thus, motorized traffic.
After complaining with neighbors about the dangerous conditions, I started a petition to have a sidewalk installed.
With the addition of the newer homes on the West side of Nichols Road, the road has become more residential
despite its designation as a minor collector. Many children live adjacent to the road, school bus stops for both
ISD191 and ISD196 are located on Nichols Road and many people walk, jog and ride bicycles to the schools,
businesses and parks in the area. Traffic is unfortunately too fast yet strollers, bikes and wheelchairs don't lend
themselves to tramping across the neighbors lawn. So, we are left with an unsafe and unpleasant situation. The
addition of the sidewalk would create a safe path for residents to walk, push and ride - to the neighboring
businesses, restaurants, schools and parks.
Although I will unfortunately be out of town for the City Council meeting on Tuesday, June 6th, I encourage you to
approve this project. This would be a valuable and safe improvement for the residents and employees who live
and work in our neighborhood.
Thank You,
Rachel Gorton
6/2/2006 `
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
VII. OLD BUSINESS
A. COMPREHENSIVE LAND USE PLAN AMENDMENT - CITY OF EAGAN
ACTIONS TO BE CONSIDERED:
To direct staff to submit the Comprehensive Guide Plan Amendment for approximately 1.3
acres located on Outlot A, Kennealy Addition, from LD - Low Density to HD - High Density
Residential to the Metropolitan Council for their review.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ This item was before the City Council on May 2, 2006.
➢ The vacant subject site was part of a 2005 subdivision by Tom Kennealy to create
separate parcels for his existing home and a future development site.
The subject site is located within Noise Zone 4 and the proposed residential use is
considered conditional.
➢ Although development was not proposed at that time, the APC and City Council
discussed the suitability of additional single-family detached homes in the area given the
combination of surrounding uses and the noise impact from the north/south runway.
➢ Individual entrance residential uses are conditional in Noise Zone 4. The Goals and
Polices of the Airports and Aviation section of the Comp Plan should be reviewed against
this proposal.
➢ The Advisory Planning Commission held a public hearing on April 25, 2006 and
recommended approval of the amendment and rezoning.
ISSUES
➢ Tom Kennealy spoke against the change at the Public Hearing and before the Council on
May 2.
12q
➢ The City Council directed staff to review the site to determine a general level of
apartment development the free-standing site could handle. The attached plan reflects a
conservative estimate of twelve large units in a three-story building.
60 DAY AGENCY ACTION DEADLINE: July 14, 2006
ATTACHMENTS (4): 2
Conceptual development layout on page
APC Minutes on page 132 tl cug 6...
Staff report on pages 13athrough1103A
Aerial photograph on page .
1~
~..r'mi • 0011
a
W
Wim
y •i7 CD
LO
N
X y N
O C) C OO.G
a) Underground Parking
m
U p 0 p C
LL.
q.nl7'~" ~
L
d
~ L a
Fill,
k ~
u
4 : zis w O
R
C_
0
V) c
O d N
r 3 r
p?! sIuBIGH Bupe4jnM . g
N
C O C
y u_ 7
Y c%»
ill
E. Kennealy Addition - Outlot A
Applicant Name: City of Eagan
Location: Outlot A
Application: Comprehensive Guide Plan Amendment
A Comprehensive Guide Plan Amendment from LD (Low Density) to HD (High Density).
File Number: 18-CG-04-04-06
Application: Rezoning
A Rezoning from R-1 (Residential Single Family) to R-4 (Residential Multiple).
File Number: 18-RZ-05-04-06
Community Development Director Jon Hohenstein introduced this item and highlighted the
information presented in the City Staff report dated March 14, 2006. He noted the background
and history.
Chair Heyl opened the public hearing.
Tom Kennealy, 2115 Silverbell Road stated he would prefer the property to remain as originally
zoned. Chair Heyl responded by explaining that the further single family development in the
area is inconsistent with impact of airport noise, the surrounding multi-family development and
the expected redevelopment in the area for higher intensity uses.
There being no further public comment, Chair Heyl closed the public hearing and turned the
discussion back to the Commission.
Member Gladhill stated it is important to realize that the issue of the use of the outlot came
about as a result of the owner's request to subdivide the property.
Member Bendt moved, Member Keeley seconded a motion to recommend approval of a
Comprehensive Guide Plan Amendment from LD to HD for Outlot A, Kennealy Addition from R-
1 to R-4.
All voted in favor. Motion carried 7-0.
Member Bendt moved, Member Keeley seconded a motion to recommend approval of a
Rezoning of Outlot A, Kennealy Addition from R-1 to R-4.
All voted in favor. Motion carried 7-0.
l
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: March 14, 2006 CASE: 18-CG-04-04-06
18-RZ-05-04-06
APPLICANT: City of Eagan HEARING DATE: March 25, 2006
PROPERTY OWNER: Estate of J.W. Kennealy APPLICATION DATE: March 14, 2006
REQUEST: Comprehensive Guide Plan PREPARED BY: Michael J. Ridley, AICP
Amendment & Rezoning
LOCATION: 2115 Silver Bell Road
COMPREHENSIVE PLAN: LD - Low Density
ZONING: R-1, Single Family
SUMMARY OF REQUEST
The City is initiating a Comprehensive Guide Plan Amendment from LD - Low Density to
HD - High Density and a Rezoning of a 1.29 acre site from R-1, Single Family to R-4,
Residential Multiple. This request stems from the APC and Council's consideration of a
subdivision request made by the property owner last spring.
AUTHORITY FOR REVIEW
Comprehensive Guide Plan Amendment:
The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section
473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to
time as conditions change. The city's Guide Plan is to be implemented by official controls such
as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation
of public policy and a legislative act. As such, the classification of land uses must reasonably
relate to promoting the public health, safety, morals and general welfare. When a change to a
city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the
change is in the best long-range interests of the city. The standard of review of a city's action in
approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational
basis. A rational basis standard has been described to mean having legally sufficient reasons
supportable by the facts which promote the general health, safety and welfare of the city.
~ 33
Planning Report - Kennealy CGA & RZ
April 25, 2006
Page 2
Rezoning:
City Code Chapter 11, Section 11.50, Subd. 5 states in part,
1. The provisions of this chapter may be amended by the majority vote of the council,
except that amendments changing the regulations of any district may only be made by an
affirmative vote of two-thirds of all members of the council.
2. The City Council shall not rezone any land or area in any zoning district or make any
other proposed amendment to the zoning ordinance without first having referred it to the
planning commission for its consideration and recommendation.
BACKGROUND/HISTORY
The City Council approved a two-lot Preliminary Subdivision of the two acre property in April
2005. At that time, staff opined that adding additional single family detached homes to the
Wuthering Heights area would be inconsistent with the impact of aircraft noise generated by the
new north/south runway at MSP.
The following quote is an excerpt from the 2005 Kennealy Preliminary Subdivision report:
"Because of its location in the noise zone and its adjacency to existing R-4 property, it may be
appropriate for the eastern portion of this property to be developed as apartments rather than as
single-family homes. This would provide an extension of the existing multiple residential
development on property to the east, and create new development that is compatible with existing
and anticipated development in the area and with the airport noise exposure."
Subsequently, on April 19, 2005, the City Council took an action to direct staff to initiate a
rezoning from R-1 to R-4 for the newly created (out)lot after the Final Subdivision was approved
and recorded.
EXISTING CONDITIONS
The subject 1.29 acre outlot is vacant; however, the property that was subdivided contains a
single family home that was constructed in 1958.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
North- Single family residential zoned R-1 and Guided LD, Low Density.
South - Tesseract School; zoned CGD and Guided Special Area.
East - Apartment building; zoned R-4 and Guided HD, High Density.
West - Single family residential zoned R-1 and Guided LD, Low Density.
I 3
Planning Report - Kennealy CGA & RZ
April 25, 2006
Page 3
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The amendment and rezoning appear compatible with
adjacent uses and results in the most suitable residential category in relation to the airport noise
experienced in the area.
The adjacent property to the east and northeast is developed with apartments and is zoned R-4,
Residential Multiple. Dating back to at least 1980, the zoning designations on this and adjacent
residential properties were inconsistent with their land use designations. The residential
neighborhood was zoned R-1 (Residential Single-family) and R-4 (Residential Multiple), while
the land use designation was Limited Industrial. With the update of the City's Comprehensive
Guide Plan in 2001, at the request of the neighborhood, the City achieved consistency between
the land use and zoning of the residential neighborhood by changing the land use designations to
LD, Low Density Residential and HD, High Density Residential to match the actual use of the
properties.
Site Plan - There is no development proposed with this Amendment and Rezoning; however,
Site Plan review and approval is required prior to development.
Landscaping - To be determined with Site Plan review.
Grading/Storm Drainage - To be determined with Site Plan review.
Wetlands/Water Quality - To be determined with Site Plan review.
Access/Street Design - The only access to the site is via Silver Bell Road.
Easements/Rights of WU/ Permits - To be determined with Site Plan review.
Tree Preservation - To be determined with Site Plan review.
Parks and Recreation - The ultimate development will be subject to a cash park and trail
dedication based on the rates in effect at that time.
SUMMARY/CONCLUSION
The proposed Guide Plan Amendment and Rezoning are in keeping with City Council direction
and will insure that single-entry residential will be developed on the subject site.
ACTION TO BE CONSIDERED
To recommend approval of a Comprehensive Guide Plan Amendment from LD to HD for
Outlot A, Kennealy Addition from R-1 to R-4.
To recommend approval of a Rezoning of Outlot A, Kennealy Addition from R-1 to R-4.
I aX5
JW7
r~ 4 rl
Y{
tiA►~ w~ -may ~ .e,f
t
r
{4 I t .i.x d
Y' w n.'fs ~~`l _
T,'+_. au ; law 7C J _
h"
f
K
T N,
Vic
I- It.
Agenda Memo
Eagan City Council Meeting
June 6, 2006
B. REPORT REGARDING THE RESOLUTION OF THE BLACKHAWK ROAD-
RAPTOR ROAD TRAIL EASEMENT
ACTION TO BE CONSIDERED: To provide staff and the City Attorney direction to:
➢ Attempt to facilitate alternative dispute resolution between the parties.
Or
➢ Proceed with the acquisition of a trail easement at the current trail location (or at a
location near the back of the curb) through eminent domain.
FACTS (New Information in Bold):
➢ The Greyhawk subdivision and Planned Development was approved by the City in 2002,
and the plat was recorded in December 2002.
➢ Greyhawk 2nd Addition was approved and recorded in 2003. Greyhawk 2nd Addition
adjusted the internal street alignment and reconfigured some of the townhome lots due to
poor soil conditions revealed upon initial construction.
➢ The development site contained an existing single-family home which remained on a
separate lot post-development.
➢ The development was designed with the existing single-family home taking access via
the private street serving the townhome development, and a trail through the townhome
development connecting to Blackhawk Road over the single-family lot.
➢ A dispute has arisen between the owner of the single-family lot and the townhome
association concerning the private street and maintenance obligations. In addition, the
owner of the single-family residence has parked vehicles on his property in a location that
obstructs the association's use of the trail.
➢ City staff and the City Attorney have been directed to prepare some background
information and outline alternative options for the City Council to consider for resolving
the issue concerning the trail.
➢ A memo from the City Attorney establishing a more detailed background of this matter
and outlining options for resolving the trail issue is attached.
➢ Regarding item C-iii in the attached memo, if the City proceeds with acquisition of a trail
easement, one option might be to reconstruct the trail closer to the curb line of the private
street. This would presumably reduce the cost of easement acquisition, but result in
additional costs to construct a new trail, additional tree loss, and the existing trail would
likely remain as the City cannot require it to be removed. Acquisition of an easement
over the existing trail may be more expensive because a larger portion of the owner's
137
property would be affected by the encumbrance associated with the easement, but there
would be no additional tree loss and no costs to reconstruct the trail.
➢ Under all of the options under which the City would step in and take action, it is assumed
that the costs of such action would be covered by the financial security that remains
under the development agreement.
➢ If direction is given to proceed with acquisition by eminent domain, the City Attorney
will prepare the appropriate background for a formal action in that regard at a future
Council meeting. At that time, the City would document that the connection of the public
trail system to the neighborhood's private trail system over a separately owned parcel
constitutes a public use.
➢ At its meeting of April 18, 2006, the Council directed the parties to continue
discussions of resolution of the issue for a period of 30 days, while directing the City
Attorney to take preliminary steps for the City to undertake an action of eminent
domain to extend the public trail system to be connected to the Greyhawk trail
system, if a resolution could not be reached.
➢ Staff was informed that the parties were discussing scheduling a mediation to
attempt to reach an agreement. The City Attorney has asked for an update from
the parties in anticipation of the June 6 City Council meeting. At the time of packet
preparation, no updates have been received.
➢ During the course of the month, staff was contacted by Jacob Ingalls, the owner of
the single family home, indicating that he might consider granting an easement from
the Greyhawk trail to a point east of his driveway, if the developer would install a
crosswalk and trail section between the curb and storm pond on the south side of
Raptor Lane. This proposal was not documented to the City and staff is not aware
of whether it was considered by the developer or Association. It would be necessary
to address liability issues and mitigation because of the proximity of the trail to a
pond, but the concept offers an alternative not discussed to this point.
➢ If it is determined that mediation between the parties has not yet occurred, one
alternative would be for the City to bring in a third party facilitator and invite the
parties to make a final attempt to resolve the issue, prior to other City action.
ATTACHMENTS:
➢ Staff letter to parties on pages l 3q - 14}}~~
V
➢ City Attorney's letter to parties on page A-L[L---
➢ Vie from City Attorney Bob Bauer dated April 13, 2006 on pages lq2 through
➢ Site map on page _145
13g
April 19, 2006
NICOLE WHIPPLE
GREYHAWK HOMEOWNERS ASSOCIATION
1780 TALON TR
EAGAN MN 55122
MARK GERGEN
18004 JACQUARD PATH
LAKEVILLE MN 55044
JACOB INGALLS
4106 BLACKHAWK RD
EAGAN MN 55122
Dear Ms. Whipple, Mr. Gergen, and Mr. Ingalls:
As you are aware, in action taken at its meeting of April 18, 2006, the Eagan City
Council gave two directions with respect to the resolution of the easement issue
involvir1g the Greyhawk Homeowners Association, Mr. Gergen as the Developer
of the property, and Mr. Ingalls as the Owner of the property crossed by the trail
and which takes access by the private street.
Regardless of the history and personal issues that have colored this issue to this
point, the Council expressed a desire for the parties to set aside their differences
and apply additional effort to resolve the issue privately. For this purpose, the
Council directed the parties to schedule negotiations to resolve the issue within
the next 30 days. In the meantime, the Council has also directed the City staff
and Attorney to begin the preliminary steps necessary for consideration of an
eminent domain action to acquire the trail easement in the current location of the
trail, if it should become necessary. The City Attorney will advise staff as to the
steps which may occur at the City Council meetings of May 2nd and May 16th to
initiate that process.
The City would encourage the parties to consider identifying alternatives to
address Mr. Ingalls's needs for additional parking as a possible additional
inducement to resolve the matter. In addition to the exchange of cross
easements, it was suggested that Mr. Gergen and the Association work to
provide additional guest parking that could be used by Mr. Ingalls.
Lq
An idea that was raised after the meeting was the possibility of the developer
identifying a location and installing additional hard surface parking for Mr.
Ingalls's vehicles on his property, but separate from the trail itself. If this idea or
any other approaches can help meet the needs of the parties and lead to the
resolution of the easement issue, the Council would appreciate that.
If you have any questions concerning the City Council's action or this letter,
please let me know.
Sincerely,
Jon Hohenstein
Community Development Director
JH/js
cc: Gary Fuchs, 3440 Federal Drive, Eagan, MN 55122
Mike Dougherty, City Attorney
Bob Bauer, City Attorney
Tom Hedges, City Administrator
Mike Ridley, City Planner
Pam Dudziak, Planner
I (to
May 10, 2006
Mark Gergen Gary G. Fuchs, Esq.
18004 Jacquard Path 3440 Federal Drive, #250
Lakeville, Minnesota 55044 Eagan, Minnesota 55122
Jacob Ingalls
4106 Blackhawk Road
Eagan, Minnesota 55122
Re: Greyhawk Addition Easements
Our File No. 206-20135
Dear Messrs. Gergen, Ingalls and Fuchs:
Please be advised that we will be providing the City Council with an update on the status of the
trail easement at its June 6, 2006 meeting. I would appreciate receiving separate correspondence
from each of you concerning the status of the negotiations prior to the June 6, 2006 meeting.
Thank you for your attention to this matter.
Very truly yours,
Robert B. Bauer
RBB/jlt
Direct: (952) 953-8847
E-mail: bauerr a_)seversonsheldon.com
cc: Jon Hohenstein, Community Development Director
I4'
SEVERSON, SHELDON,
DOUGHERTY & MOLENDA, P.A.
SUITE 600
7300 WEST 147TH STREET
APPLE VALLEY, MINNESOTA 55124-7580
(952) 432-3136
TELEFAX NUMBER (952) 432-3780
E-MAIL bauerr@seversonsheldon.com
DIRECT DIAL: (952) 953-8847
TO: Jon Hohenstein, Community Development Director
FROM: Robert B. Bauer, City Attorney
DATE: April 13, 2006
RE: Greyhawk Addition Easement Issues
Our File Nos. 206-20135 and 206-21264
Jon,
In response to your April 7, 2006, memo, we provide the following information concerning the
outstanding issues for the Greyhawk development:
BACKGROUND
Developer Mark Gergen and Associates, Inc. obtained approval from the City for the
developments known as Greyhawk Addition and Greyhawk 2nd Addition. The development
consists of 44 townhomes and one lot contains a single-family residence. The internal roads
within the development are private roads that are maintained by the Association. A private trail
was also constructed adjacent to the street. The Developer provided our office with the
declaration and association documents and the Developer indicated that an easement
maintenance agreement would be executed with regard to Lot 1, Block 1 (an existing single-
family residence) for access to the private road and also that an easement for trail purposes over
and across Lot 1, Block 1 would be granted in favor of the Association and the private trail
would be maintained by the Association. The driveway access from Lot 1 to the private street
and the trail are also depicted on the site plan in the planned development agreement that was
approved by the City. The trail was constructed for private use by the homeowners in the
development. The Developer paid trail dedication fees to the City in the amount of $8,052.00.
It is our understanding that the Developer owned the single-family residence on Lot 1, Block 1
and subsequently sold his property to a third party. However, prior to the conveyance of the real
Jon Hohenstein, Community Development Director
April 13, 2006
Page 2
estate, the Developer neglected to execute the easements and record the same with the County
Recorder. A dispute has now arisen between the owner of the single-family residence and the
Association concerning the private street and maintenance obligations. In addition, the owner of
the single-family residence has parked vehicles on his property in a location that obstructs the
Association's use of the trail. Our office notified the Developer last October by certified mail
that a default may exist under the development agreement relating to the above issues, and unless
the same was cured, the City would not release the remaining $65,000.00 letter of credit. I have
spoken with the Developer's representative, Mark Gergen, concerning the status of the easement
issues. Mr. Gergen indicated that he is in negotiations with the property owner, however, he has
been unsuccessful.
CURRENT OUTSTANDING ISSUES
I provide the following response to your questions:
A. Is a driveway access easement necessary for the single-family homeowner
to utilize the private street?
Response: Unknown. We have not researched the title to
determine what rights, if any, the single-family parcel would have
to the private street.
B. Does the City have the authority to reimburse the homeowner's
association for attorneys' fees expended to date.
Response: No.
C. What options are available to the City concerning the trail and
what is the approximate timeline?
Response:
(i) Negotiation with Proper Owner. The City can negotiate
with the property owner and offer additional compensation
for the trail easement and presumably use the Developer's
security for payment to the property owner. From my
discussions with Mr. Gergen, I believe his last offer was the
sum of $10,000.00 to the property owner for the trail
easement.
(ii) Construct a New Trail on the Other Side of the Street. It.is
possible that a new trail could be constructed on the other
side of the street, however, engineering would need to
determine whether the trail construction is feasible. This
will likely require the affected property owners to convey a
new trail easement to the association and arrange for the
f
Jon Hohenstein, Community Development Director
April 13, 2006
Page 3
construction of a new trail, and presumably use the
Developer's security for the construction costs.
(iii) Acquisition of the Easement Through Eminent Domain. If
the property owner is unwilling to convey the easement and
construction of a new trail is not feasible, the City Council
can determine whether there is a public purpose and
whether there is a public need to acquire a trail easement
through the use of eminent domain. To avoid a subsequent
dispute with the Developer, it may be appropriate to have
the Developer make a formal request that the City acquire
the easement through eminent domain and that it is able to
draw on the letter of credit for any and all costs associated
with the action. The City would then obtain an appraisal
for the proposed trail acquisition and offer the appraised
value to the property owner. If unsuccessful in negotiation,
the City would need to establish a public purpose at a
hearing in Dakota County district court. If approved, the
eminent domain process would likely take one year.
Should you have any questions concerning this matter, please feel free to give me a call.
EXHIBIT C
~W ~YYYYffi o g~
3 i L • • • • • • , , • O W Y
8 g A < f
c n
w
W W
I c r Sg Oc `e~3i:9 j[ r8 -'~o lxsr
I bM E-
- \OA
~P OPT ✓ ~'~P ~ \ 'ter ex~+ 1 ~ 3
a l l I agc
J I \ ~ \ ~ wrja` , ~ wv a ar a ,
~a i 1 m 7~i
I Vil , ; 1
9 ..44 ~ ~ II I Z p
i 06l \ \ •.S •N sY ~ ' I~ I I ~ I ry I I 1
4~ ` I ~ psI III I i I, j I I
/Y ~ ° u 1
I C - I III
1 Sri \ hS•r / -I . I I I I I ' II I 1 I
1 V
I Oar' ~ ~ _ ~ \1 ! ~ ~ I
14
CYO I y'q~••r \ 1 ,
I~ S Y ~ r1 \ C / I
rdb \ SITE & LIGHTING PLAN - - -
rf {
1- # ► 7 r
1 1 i°ya
r
Of "'s►,~-
Agenda Information Memo
June 6, 2006 Eagan City Council Meeting
C. WINTER TRAIL MAINTENANCE PROGRAM (2006-2007)
ACTION TO BE CONSIDERED: Approve Amendments to the Winter Trail Maintenance
Program for 2006-2007.
FACTS:
• In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing
for the snow removal of approximately 50% of the City's transportation trail system (adjacent
to collector/arterial streets).
• Part of that program included a policy that included, among other things, a schedule for
Council review and possible revisions to the most current adopted plan. In 2003, the Council
amended its Policy to require that all future requests be reviewed by the Council at the first
available work session after April 1" of each year before giving formal consideration at a
regular Council meeting.
• At the May 9 Council workshop, the Council considered 3 requests (CR#l, CR#2, BR#1) and
an option presented by staff for Additional Consideration (AC#1). After discussion and
consideration, the following directives were given to each as follows:
• CR #1 - West side of Pilot Knob Rd from #4397 north to Balsam St.
In considering this request (1,160 feet of trailway at additional cost of $267/yr), the
Council expressed interest in discussing the potential of expanding the maintenance
program along major County Roads and requested additional cost information to include:
➢ both sides of Pilot Knob Rd from Cliff Rd. to Lone Oak Rd. (additional 21,044 feet of
trail at additional cost of $4,500/yr); and
➢ both sides of Yankee Doodle Rd from Blue Cross Rd to Elrene Rd. (additional 7,043
feet of trail at additional cost of $1,600/yr). Note: Both sides of Yankee Doodle from
Coachman to Lexington Ave were added to the program by Council action in 2005
leaving only small segments on each end for additional consideration.
• CR #2 - South side of Oakbrook Terrace (Johnny Cake Ridge Rd to School boundary
The Council recommended favorable consideration of this segment due to its "Local
School Walking Route" designation (additional 445 feet of sidewalk at additional cost of
$100/yr)
• BR #1 - New trail and existing sidewalks within the Waters Business Park
The Council recommended favorable consideration of these segments since the
sidewalks/trails are located "adjacent to Community Collectors" (additional 7,150ft of
sidewalk at additional cost of $1,650/yr)
• AC #1 - Denmark Ave (Wescott Rd to Duckwood Dr.)
The Council recommended favorable consideration of this segment since it is "adjacent to
a Community Collector" (additional 2,750ft of sidewalk at additional cost of $650/yr)
ISSUES
• The budget for the existing Winter Trail Maintenance program was reduced to $74,800
during the adoption of the 2006 budget. Actual costs incurred for the '05-'06 season
($88,600) exceeded the '06 adopted budget by $13,800 (+18.4%). If the Council approves
an increase in this customer service delivery program as proposed by all the segments
under consideration, it will require an increase of $8,500 (+11.3%) to the previous under
funded program budget when considering the '07 budget.
ATTACHMENTS:
0 Location map, enclosed without page number.
't
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
VII. NEW BUSINESS
A. CONDITIONAL USE PERMIT - MOE'S SOUTHWEST GRILL
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow on-sale
beer and wine in conjunction with a restaurant at 1282 Town Centre Drive (Town Centre
Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2nd Addition, in NW `/4 of
Section 15, subject to the conditions in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ A tenant improvement permit was issued in March 2006 for a 2,587 square foot counter
service type restaurant (Moe's Southwest Grill) in one of the tenant spaces in the Town
Centre Shopping Center. The restaurant opened for business in mid May of this year.
➢ The applicant is proposing on-sale beer and wine relating to the counter service style
restaurant.
➢ The property is zoned CSC, Community Shopping Center. City Code allows on-sale beer
and wine as a Conditional Use in the Community Shopping Center, zoning district.
➢ A Conditional Use Permit approval is required prior to the issuance of a liquor license.
➢ The Advisory Planning Commission held a public hearing on May 23, 2006 and is
recommending approval.
ISSUES: None
60 DAY AGENCY ACTION DEADLINE: June 16, 2006
ATTACHMENTS (2):
Advisory Planning Commission Minutes on page 1 41
Staff report on pages Ithrough15(p
I ~C~
Advisory Planning Commission Minutes
May 23, 2006
Page 2
V. NEW BUSINESS
A. Moe's Southwest Grill
Applicant Name: Moe's Southwest Grill
Location: 1282 Town Centre Drive; Lot 2, Block 1, Town Centre 70 2nd Addition
Application: Conditional Use Permit
A Conditional Use Permit to allow on-sale beer and wine.
File Number: 15-CU-04-04-06
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated May 5, 2006. He noted the background and history.
Vice Chair Chavez opened the public hearing.
There being no public comment, Vice Chair Chavez closed the public hearing and turned the
discussion back to the Commission.
Member Jensen moved, Member Feller seconded a motion to recommend approval of a
Conditional Use Permit to allow on-sale beer and wine in conjunction with a casual restaurant at
1282 Town Centre Drive (Town Centre Shopping Center),` legally described as Lot 2, Block 1,
Town Centre 70 2nd Addition, in NW % of Section 15 subject to the following conditions:
1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within
60 days of approval.
2. On-sale beer and wine sales shall comply and be operated in accordance with all relevant
state laws and regulations.
All voted in favor. Motion carried 5-0.
B. Viva Italia
Applicant Name: Viva Italia
Location: 1629 Lena Court; Lot 1, Block 1, Centennial Ridge 2nd Addition
Application: Planned Development Amendment
A Planned` Development Amendment to allow a patio with 10 additional tables.
File Number: 28-PA-06-04-06
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated May 15, 2006. She noted the background and history.
Cindy Weber, Manley Companies, requested that the requirement for additional parking stalls
not be included in the conditions at this time, but if needed after implementation of the patio
dining, they would install them at the owner's expense if needed. She stated outdoor seating is
not typically calculated into parking requirements.
Joe Kohaut, Viva Italia presented the lighting plan.
Vice Chair Chavez opened the public hearing.
I I 1 10
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 5, 2006 CASE: 15-CU-04-04-06
APPLICANT: Theresa Lynn DiNella
Moe's Southwest Grill HEARING DATE: May 23, 2006
PROPERTY OWNER: SCD Eagan Town APPLICATION DATE: April 17, 2006
Center, Inc.
REQUEST: Conditional Use Permit PREPARED BY: Erik Slettedahl
LOCATION: 1282 Town Centre Drive
COMPREHENSIVE PLAN: SA, Special Area 4
ZONING: CSC, Community Shopping Center
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow on-sale beer and
wine in conjunction with a restaurant at 1282 Town Centre Drive (Town Centre Shopping
Center), legally described as Lot 2, Block 1, Town Centre 70 2"d Addition, in NW '/4 of Section
15.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
Planning Report-Moe's Southwest Grill
Conditional Use Permit
May 23, 2006
Page 2 of 4
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
BACKGROUND/HISTORY
The property was platted in 1985 and the shopping center was constructed in 1986. A tenant
improvement permit was issued in March 2006 for a 2,587 square foot counter service type
restaurant (Moe's Southwest Grill).
EXISTING CONDITIONS
The shopping center contains retail and service tenants in a 98,000 sq. ft. building. There are two
full service restaurants (Old Chicago and Genghis Grill) both with conditional use permits for
full on-sale liquor within the shopping center. The center has recently completed a remodeling
project involving both the building exterior and facade, as well as modifications to the parking
lot configuration.
151
Planning Report-Moe's Southwest Grill
Conditional Use Permit
May 23, 2006
Page 3 of 4
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use Designation
North Grocery store CSC, Community Shopping SA, Special Area
(Rainbow) Center
South Retail store (Kohl's) CSC, Community Shopping SA, Special Area
Center
East Retail PD, Planned Development SA, Special Area
West Retail CSC, Community Shopping SA, Special Area
Center
EVALUATION OF REQUEST
Proposal - The applicant is proposing on-sale beer and wine relating to a counter service style
restaurant in one of the tenant spaces in the Town Centre Shopping Center. The property is
currently zoned CSC, Community Shopping Center, and is guided SA, Special Area. Within the
Special Area Plan, this property is designated for retail/commercial uses.
The applicant's narrative states that the business will be a "fast casual" style restaurant where the
food is prepared in front of you. The restaurant is located in the east portion of the building next
to Eagan Floral and will occupy 2,587 square feet.
City Code Requirements - The zoning code allows on-sale beer and wine as a conditional use in
the CSC, Community Shopping Center, zoning district.
In addition, Chapter 5, Business Licenses, requires a liquor license for on-sale beer and wine. In
addition to establishing the conditions of ownership and operation, the license requirements
include, but are not limited to:
Sec. 5.33, Subd. 4. No person who has not attained the age of 18 years shall be employed to
sell or serve beer (wine sales has similar restrictions) in any on-sale establishment.
Sec. 5.3 3, Subd. 5. No license shall be granted for any building within 300 feet of any
nursery, elementary or secondary school structure; daycare center structure; or church
structure, except as provided herein. A license may be granted for any building within 300
feet of any of the above listed uses when the proposed license premises and listed uses are
located within the same zoning district and planned commercial development.
Subd. 10. On-sale beer licenses shall be granted only to bona fide clubs, traditional or
casual restaurants, golf courses/clubs and hotels. (wine is restricted to restaurants only)
152.
Planning Report-Moe's Southwest Grill
Conditional Use Permit
May 23, 2006
Page 4 of 4
Sec 5.70., Subd. 3, J. Persons who hold both an on-sale wine license and an on-sale beer
license and whose gross receipts are at least 50 percent attributable to the sale of food may
sell intoxicating malt liquor (strong beer) at on-sale without an additional license.
Evaluation - This site appears to be consistent with licensing requirements. The property is
guided and zoned for retail commercial uses, and the on-sale beer and wine is proposed in
conjunction what the City Code defines as a "casual" restaurant. There are no protected uses
(i.e., daycare centers, schools, churches) within 300 feet of the site. The property owner signed
this application, consenting to the on-sale beer and wine request.
SUMMARY/CONCLUSION
Moe's Southwest Grill is requesting approval of a Conditional Use Permit to allow on-sale beer
and wine in conjunction with a casual style restaurant at 1282 Town Centre Drive. The proposal
satisfies the location standards of the ordinance, and the operational standards are set out in the
licensing section of the ordinance.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow on-sale beer and wine in
conjunction with a Casual restaurant at 1282 Town Centre Drive (Town Centre Shopping
Center), legally described as Lot 2, Block 1, Town Centre 70 2"d Addition, in NW 1/4 of Section
15. If approved, the following conditions shall apply:
1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office
within 60 days of approval.
2. On-sale beer and wine sales shall comply and be operated in accordance with all
relevant state laws and regulations.
X53
Eagan Boundary
N Right-of-way
Para
Location Map ~Park Area
0
k Area
- Building Footprint
I AL ~ v o
z. y ,g O
Sub•ect Site or 0
Iii 1 ♦ ~ ~ ' I~ ~
e 11 1■1 ■1 1■ 111 IEI
win 1r Do ~
aa, Vail ~
+ d~ ~ ~ ~ + . s ~ ~ wet t,M ~ ♦ ® ! 1 ~
t
~ ♦ ~ cis ~ _ ~ ~ ~ + ~
1000 0 1000 2000 Feet
Development/Developer.. Moo's Southwest Grill
Application: Conditional Use Permit
Case No.: 15-CU-04-04-06
Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N
My ip1f~ ~n by Dakota County Office of GIS and is current as of April 2005.
qty of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY j!54 W~ E
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
community Development Department not responsible for offers or omissions.
0
f.t O
N
tl 00
Z o
c w
N J
N LU
I
_ -----7- l~_-tz_----- LU
anxa.. sx rwxao
DENMARKAVE.
i i z¢ z
WALGREEN'SHill, I ~
's thw Gr II
H OFFICE
D-EP-OT [l~~
n1~ 1 llrp: .4 ( -
- - n~ui:n r...nll. c^ I a8 r s
!11 ~I
1'11 I
D1!1 !1 1t 'T o =i GENGHIS
~b =_F it l la~ I GRILL
y C ter;-44 3J OLD
O CHICAGO
i
i
JU
ZWry
~0O $Z 'A .0
Buz
SITE PLAN
'82i
Qu m
a 155
From: Terry Dinella [mailto:eagan_moes@yahoo.com]
Sent: Thursday, April 20, 2006 8:01 PM
To: Mike Ridley
Subject: Moe's Southwest Grill
Dear Mike,
Please tell me I'm not to late! You still needed a narrative from me. This is what I have.
Moe's: What is it?
Moe's is fast-casual restaurant that prepares fresh, flavorful food in front of you. It's a
welcoming dining destination for people who want great taste, and healthier fare in a
comfortable, casual environment.
Who is our Target?
The Moe's target audience is young adults, aged 18-42. These are empowered individuals
who like to make their own choices. They appreciate that their meal is built right in front
of them the way they like it. They are health conscious and perceive Moe's as healthier
than other fast food alternatives. They are experiential. They enjoy Moe's not only for the
food but also for the unexpected environment from the energetic and positive "Welcome
to Moe's" to the music and the art work on the walls.
What is our Position?
Moe's Southwest Grill is the fast casual restaurant where fresh food and a free-spirited
atmosphere attract the young and young at heart who appreciate a break from the
conventional establishment.
I have more if you want.
Terry DiNella
Moe's Eagan
651-686-MOES (6637)
Blab-away for as little as 1 ¢/min. Make PC-to-Phone Calls using Yahoo! Messenger with
Voice.
3
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
B. ON-SALE WINE, SUNDAY WINE AND 3.2 PERCENT MALT LIQUOR
LICENSE FOR BA-OCK, INC., DBA MOE'S SOUTHWEST GRILL, 1281
TOWN CENTRE DRIVE
ACTION TO BE CONSIDERED:
To approve the On-Sale Wine, Sunday Wine and 3.2 percent malt liquor license for
BA-OCK, Inc., dba Moe's Southwest Grill, 1281 Town Centre Drive.
FACTS:
➢ The owners of BA-OCK, Inc., Vince and Theresa DiNella, have applied for an On-
Sale Wine, Sunday Wine and 3.2 Percent Malt Liquor license with the City of
Eagan. The restaurant will be located at 1281 Town Centre Drive.
➢ The establishment opened in May of 2006; however, alcohol sales have not been
allowed pending approval of a Conditional Use Permit by the City Council.
Following the CUP approval, Council must also approve a liquor license which will
then be forwarded to the Department of Public Safety/Liquor Control Division for
final approval.
➢ The required documents have been submitted, reviewed and deemed in order by
City staff and the Police Department. No reason was found to deny the licenses.
ATTACHMENTS (0):
Agenda Information Memo
June 1, 2006 Eagan City Council
C. PLANNED DEVELOPMENT AMENDMENT - JOE KOHAUT (VIVA
ITALIA
ACTION TO BE CONSIDERED:
To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to
allow an outside dining patio in conjunction with a Class I restaurant at 1629 Lena Court, legally
described as Lot 1, Block 1, Centennial Ridge 2nd Addition, in NW 1/4 of Section 28, subject to
the conditions in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes
FACTS:
➢ The site is located on the southeast corner of Diffley Road and Johnny Cake Ridge Road.
➢ An existing multi-tenant retail building which was built in 2004 is present on the site.
➢ Viva Italia, a Class I restaurant, occupies the west end of the building, approximately
4,700 sq. ft.
➢ The applicant proposes to create a patio on the west side of the building, removing
existing landscaping in the 6-foot space between the sidewalk and building, and placing
tables along the building. Each table would seat two people.
➢ The patio is proposed to be enclosed by a fence, with access provided from inside the
building.
➢ A retractable awning in a color to blend with the brick on the building is also proposed to
be installed on the west side of the building over the existing window.
➢ The City typically has not considered outside seating in parking calculations. However,
the additional seats do have the potential to increase parking demand, at least seasonally.
➢ The restaurant was originally approved with joint use parking for 7 stalls. The City is not
currently experiencing any parking problems at the site, however, it may be appropriate
for the Council to consider whether to require installation of some or all of the proof of
parking areas identified in 2004.
➢ The Advisory Planning Commission held a public hearing on May 23, 2006, and did
recommend approval of the Planned Development Amendment.
ISSUES:
➢ Since the APC meeting, the applicant has provided additional information on the fence-
post lighting and battery powered table lights.
➢ A resident from the neighborhood to the south was present at the APC meeting and spoke
against the proposal, stating his concerns about noise, among other things.
115&
➢ The APC's recommendation was for 7 tables, not 10 as proposed, and called for the
installation of 7 proof-of-parking stalls. The proof of parking plan from 2004 showed
two areas for added parking, one with 6 stalls and one with 5 stalls. With the reduced
number of tables and fewer outdoor seats, if additional parking is required, the Council
may consider having only one of the two proof of parking areas installed.
AGENCY ACTION DEADLINE: August 17, 2006 (120 days)
ATTACHMENTS (2):
May 23, 2006 APC Minutes, pages through
Staff Report, pages g2i through
Additional lighting information, pages through
~5g
B. Viva Italia
Applicant Name: Viva Italia
Location: 1629 Lena Court; Lot 1, Block 1, Centennial Ridge 2nd Addition
Application: Planned Development Amendment
A Planned Development Amendment to allow a patio with 10 additional tables.
File Number: 28-PA-06-04-06
Planner Dudziak introduced this item and highlighted the information presented in the
City Staff report dated May 15, 2006. She noted the background and history.
Cindy Weber, Manley Companies, requested that the requirement for additional parking
stalls not be included in the conditions at this time, but if needed after implementation of
the patio dining, they would install them at the owner's expense if needed. She stated
outdoor seating is not typically calculated into parking requirements.
Joe Kohaut, Viva Italia presented the lighting plan.
Vice Chair Chavez opened the public hearing.
Kraig Kestner, 1610 Marina Lane stated the applicant's lease agreement indicates
outdoor activities are not allowed on the site. He stated concern for the noise from
outdoor activities, hours of operation, pest control, litter, and decrease in his property
value. Member Chavez responded to the concern regarding the agreement and stated
the City is not in a position to address the lease between the landlord and tenant.
There being no further public comment, Vice Chair Chavez closed the public hearing
and turned the discussion back to the Commission.
Member Jensen inquired about the awnings along part of the wall. Mr. Kohaut
responded the awnings would be over the existing windows.
Member Keeley inquired about the hours of operation. Mr. Kohaut responded the facility
opens at 4:00 p.m. with business receding between 8:00 p.m. and 10:00 p.m.
Member Jensen inquired about the location of the additional parking stalls. Planner
Dudziak indicated on the site map the available space for additional parking stalls.
Mr. Kohaut explained that the due to the direction in which the patio is facing, the noise
will be directed away from the residential homes.
Member Keeley stated the parking condition should remain because 20 additional seats
are being added to the facility. She stated seven additional parking stalls would be
sufficient. She stated concern for the noise.
Member Heaney suggested a condition that states no outdoor seating to be located
south of the service door.
MOD
Member Keeley moved, Member Heaney seconded a motion to recommend approval of
a Planned Development Amendment to allow an outdoor dining patio on the west end
of the building at 1629 Lena Court, in conjunction with a Class I restaurant, on property
legally described as Lot 1, Block 1, Centennial Ridge 2" d Addition subject to the following
conditions as amended:
1. An Amendment to the Planned Development Agreement shall be executed and
recorded with the Dakota County Recorder's office.
2. Proof of parking up to seven additional stalls as identified on the 9/28/04 site plan
shall be installed with construction of the patio.
3. The operation of the restaurant and outside dining shall comply and be operated in
accordance with all relevant state laws and regulations regarding on-sale liquor.
4. The outdoor dining area shall be enclosed with a wrought iron fence and gate,
accessible from inside the building. The fence and gate shall be similar to the
existing fence on the south side of the building.
5. Patio lighting shall be provided by light caps on the fencing and table-top lights.
Details about the light caps and table-top lights shall be provided for incorporation
into the PD Amendment Agreement.
6. The awning shall be of a color to blend in with the brick exterior of the building. No
signage shall be allowed on the awning.
7. Outdoor tables are not permitted south of the service door.
A vote was taken.
Aye: Vice Chair Chavez and Members Keeley, Heaney, and Jensen.
Nay: Member Feller.
Motion carried 4-1.
i~v
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 15, 2006 CASE: 28-PA-06-04-06
APPLICANT: Joe Kohaut, Viva Italia, LLC HEARING DATE: May 25, 2006
PROPERTY OWNER: Commercial Property APPLICATION DATE: April 19, 2006
Development Corp.
REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak
LOCATION: 1629 Lena Court
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: PD, Planned Development
SUMMARY OF REQUEST
Joe Kohaut of Viva Italia, LLC, is requesting approval of a Planned Development Amendment
to allow an outside dining patio in conjunction with a Class I restaurant at 1629 Lena Court
(southeast corner of Diffley Road and Johnny Cake Ridge Road), legally described as Lot 1,
Block 1, Centennial Ridge 2nd Addition, in NW 1/4 of Section 28.
AUTHORITY FOR REVIEW
Chapter 11, Section 11.40, Subdivision 5 states, in part
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land in any zoning district or make any other proposed
amendment to this chapter without first having referred it to the planning commission for its
consideration and recommendation.
BACKGROUNDIHISTORY
The Planned Development and platting was approved in 2003 and the building was constructed in
2004. In 2004, a PD Amendment was approved allowing on-sale liquor and joint parking
associated with a Class I restaurant, Viva Italia.
1W
Planning Report - Viva Italia
May 23, 2006
Page 2
EXISTING CONDITIONS
The property contains a multiple tenant retail building. The restaurant is located on the west end
of the building and occupies approximately 4,700 square feet. Seating capacity is 106. The
restaurant hours are 4:00 p.m. to 10:00 p.m. during the week and 4:00 p.m. to 11:00 p.m. on
Friday and Saturday.
The original restaurant proposal included outdoor seating, but that was removed from the final
plan that the City approved in 2004. While joint use parking for 7 stalls was approved, the City
also required proof of parking for additional stalls to be constructed at the Owner's expense in
the event the City determines that additional parking is needed. To date, this proof of parking
has not been constructed.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use Designation
North Residential (Oakbrooke) PD, Planned Development LD, Low Density
West CVS Pharmacy NB, Neighborhood Business RC, Retail Commercial
South Residential (Centennial PD, Planned Development MD, Medium Density
Ridge)
East Office; Single-Family PD, Planned Development; RC, Retail Commercial,
Residential R-1, Single-Family LD, Low Density
Residential
EVALUATION OF REQUEST
Proposal - The applicant proposes to install an outside dining patio on the west side of the
building for the Viva Italia restaurant. The property is currently zoned PD, Planned
Development, and is guided RC, Retail Commercial.
Site Plan - The applicant is proposing ten outdoor tables, each seating two people. Existing
landscaping and rock mulch between the sidewalk and the building on the west side will be
removed and the area paved. The applicant's narrative states "Portable pole-mounted lighting
will be used to illuminate the patio after dusk for safety purposes." The patio area will be fenced,
and a gate installed at the entrance. The "plan provides for a 36-inch passage area between the
fence and the tables, as well as a clear space of 60 inches to meet ADA passage and wheelchair
turning space requirements." The submitted site plan shows a 6-foot width for the patio area,
with a four-foot sidewalk outside the fence along the parking lot.
Compatibility - The acceptability of the outdoor dining in this location is a policy matter to be
determined by City officials. The site is located at the intersection of a Diffley Road and Johnny
Cake Ridge Road. The building and patio are separated from Johnny Cake Ridge Road by the
1 ~
Planning Report - Viva Italia
May 23, 2006
Page 3
setback and topography, and is screened with landscaping. A residential neighborhood is
situated just to the south of this development. A decorative fence delineates the boundary and a
buffer of evergreen trees lines the area between the residential and commercial properties.
Building Modifications - A retractable awning in a color to blend in with the brick veneer on the
building is proposed over the existing restaurant window, and includes a drop valance for
protection from the afternoon sun.
Staff is concerned that portable pole-mounted lights will be cumbersome in the narrow space
available. Staff suggested sconce wall-mounted lights be installed instead. The applicant has
looked into that and indicated sconce lighting is not feasible. The applicant is now proposing
light caps on the fencing, and table-top lights. Details about the light caps and table-top lights
should be provided for incorporation into the PD Amendment Agreement.
Parking - While the City has not typically figured outdoor seating into parking calculations, the
addition of 20 outdoor seats to this restaurant potentially creates a higher parking demand, at
least seasonally. 20 seats would require an additional 7 parking stalls. While the City has not
recently experienced parking problems at this site, the APC and Council should consider whether
the proof of parking should be installed at this time.
SUMMARY/CONCLUSION
In summary, the applicant is requesting approval of a Planned Development Amendment to allow
outdoor dining in conjunction with a Class I restaurant on property located at 1629 Lena Court.
The proposed outdoor dining patio would be located on the west end of the building, enclosed
with a decorative wrought iron fence, and be open during suitable weather for restaurant patrons.
Staff suggests uses of wall sconce lighting rather than the proposed portable pole-mounted lights.
Clear access to the emergency access panel and for the side door must be maintained in
accordance with fire safety and other applicable codes and ordinances.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment to allow an outdoor dining
patio on the west end of the building at 1629 Lena Court, in conjunction with a Class I restaurant,
on property legally described as Lot 1, Block 1, Centennial Ridge 2°d Addition. If approved the
following conditions shall apply:
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office.
2. Proof of parking areas as identified on the 9/28/04 site plan shall be installed with
construction of the patio.
3. The operation of the restaurant and outside dining shall comply and be operated in
accordance with all relevant state laws and regulations regarding on-sale liquor.
1~~
Planning Report - Viva Italia
May 23, 2006
Page 4
4. The outdoor dining area shall be enclosed with a wrought iron fence and gate, accessible
from inside the building. The fence and gate shall be similar to the existing fence on the
south side of the building.
5. Patio lighting shall be provided by light caps on the fencing and table-top lights. Details
about the light caps and table-top lights shall be provided for incorporation into the PD
Amendment Agreement
6. The awning shall be of a color to blend in with the brick exterior of the building. No signage
shall be allowed on the awning.
I
Eagan Boundary
N Right-of-way
A/ Right-of-way
P el
Are Area
Location Map p N
P
- Building Footprint
"Ift
E , y S
1.. e o
q S
ul IF
rTTr
11 eiy A F s
0 y
yRa ~ o X 8
a
»
a a
Suti ect Site
4
. `411~ ■
Q
11l9® s ~ ~ ' i s
I g ~ b ~ f , ~ , r®
0 1h
0 701~11 'r es
DE13 [3 ft 46
a 1 m0=10 ® IM
■ I g
dk~ Ale, -.2
y. ® shy "Pi a► $ -
~ tir ! ~ f4 ® ® ® O
8®s ®
®®••®w®®®
f
a
~A.., . s■ tea,
s t• o B t .
b~ M~~C. •Mao.e.ti✓~ ~C 7 ~ o O
el W W.p
a°~ J ~ or BBO W of y ~ 7~mnaOd
i g
1000 0 1000 2000 Feet
Development/Developer. Viva Italia
Application: Planned Development Amendment
Case No.: 28-PA-06-04-06
Map Prepared using ERS1 Office of GI3.1. Parcel base map data provided N
49111~ by Dakota County y Office of GIS and is current as of April 2005.
City of Eajan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Development Department not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan Viva Italia
Land Use Map PD Amendment
28-PA-06-04-06
Zoning Map _g ❑ Tw v
R-
P
PD
Location
Current Zoning:
9 0
PD (DIFLRY ROAD( &a.A Ro. 00(DIFFU1 ROAD)
Planned Development PD
mmm❑
PD PD
® ®m® /
800 0 600 7500 hat -r ® ~9
Comprehensive Guide Plan MD
Land Use Map MD
-&M 0
EF ME
law
® Location LD
EE FBI t7
Is 'VAX
EE ~E~
c..- O. b (DIFFLFY ROAD)
Current Land Use Designation: (DIY ROAD)
R
RC
RC
Retail Commercial a
® ~ B a
PIE ® ® Ea ea
L mmm❑
S3
MD MD
® MD
m to
Goo D goo 1200 Fast Qp m IR
f mmm_
parcel base map information proYidadby Dakota County Land 5urwy Department Deembr 2005. N
Zoning Information maintained bliCity Etaft
City of Eap W* E
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this inforfnatlon. S
SIDEWILf C D Z
p SIGN
O
SPA ES 10' BO'- " o
x
-i= -0.
N LIGHT POND o o
W O
24'-0" M-01. 24'-0' 19'-0" 5'-(
N
I I LIGHT O O 5 -0" 0 '7
L
w a,
b HC
R3\s o R3'-6"
-0 LIGHT HC
0
BUILDI G SETBACK
\9 PPGE ® `s. H
20'-0" 7 5 ACE ® 1 '=70 -0" 5'-0"I >
w
PARKING ` pG 5 j
SETBACK
9,0 gal v o
LIGHT I I ° S GES HC HC o I
R5'-0" 6 I 4 ~ 60 ~ ^ Ian. 4 . b
l f• ~
J Rio ,o. 9s. ~
BU RD G #1 \ I 1 -B" Llcl rr moo.
3S'~0. 11,6905 RETAIL \ C3 TRASH
I ROOFTOP ECH.
7 I eENCL
UNIT. YP. -e• x t
\ 9SACE ®1
7 I I \
SIGN I
-D . I
Q 33'6 ~,0 ' / •
LIGHT
r
~ i
SEE CIVIL DRAWINGS FOR COMPLETE
/ BOUNDARY INFORMATION AND DEFINITION
/ OF NEW PROPERTY LINE THROUGH SITE
30 0 30 60
3 ~jJ!
LANDSCAPE PLAN TI
OVERSTORY, ORNAMENTAL,
AND EVERGREEN TREES N~ SHRUBS
I ! I I I I I I 1 ~,r,+'~ oNUS 3` _ I a ul ir3\ 1 I ~ t I III IAIN
I I~IIIIIII ~ I ~ ~ ! I , I I~IIIIVIIIII 1 ~~'s
III 9`? - ( I, I I I I I I I I I I I
F 9q
Illr(%;$yy_~`~
III I I ' =9a8~ - -%1571~C TREES
• J-
- - 4\-_////~~~~ ~ \ ' I I III II If `9"433"8\ rEaEl
I m So. (17) 1A
Q
A@~k SH B PLAI
~ pt ~t~i = I Q t v
Tom' \
r l ~ ~ o I I O I
t~-
iJ - _ `t i « « oA
J W o~~ -
LLJ
u~ I /I n -
II
IF p GS
o
~n I 952 g„-~- ! - I\ 60
rn n _ ,v _
xz ` a
! D r I ✓ iz
I ~ ~ \ I~ 95E ~ / _ I !
,6 :II
934 I I
IA 9p0/ A,L/ / 0~ ' vv I /
I r I 1 a .~Re•~'~ 'D`l'o ~ I •n~
LANDSCAPE DEFINITIONS TREE PLANTED AS
CITY OF EAGAN
A- DECIDUOUS TREES. NOT LESS THAN 1 INCHES IN DIAMETER
D 25 50 IDO CATEGORY CONIFEROUS TREES. NOT LESS THAN 12 FEET IN HEIGHT
= '8 DECIDUOUS TREES, NOT LESS THAN 2 1/2 INCHES IN DIAMETER
GRAPHIC SCALE IN FEET CATEGORY CONIFEROUS TREES, NOT LESS THAN 6 FEET IN HEIGHT ADDITIONAL LANDSCt
-C• DECIDUOUS TREES. NOT LESS THAN 1 I/2 INCHES IN DIAMETER
CATEGORY CONIFEROUS TREES. NOT LESS THAN d FEET IN HEIGHT O
* PIONEER
engineering .A R• •IOn.
* Dole S 19 OJ S
I lua l w'-•r~• r..a ~n-~.r I he1<6y -III, (hol This PIPn r.f tifw E by me •n0« my Aircct Nome
t-./ol/D}-AOD umcATED TREES
* •y„ s.P«+slan ona Ihcl I nn. o b.ly C,e.UFeW N..sa.y ono Lo-- J<nnA<r L. Nulle.+ie D.<I n.a KJA AN
c~+/,u-~•n r.c~u-.w PrPlescbnd. Date Y-S/11/DJ-CITY CDIIMENTS
3-5 21/03-FDUNDAnON PLANS Drovn KJA/JLN
7
1
Planned Development Amendment
Lot 1, Block 1, Centennial Ridge 2"d Addition
Viva Italia Outdoor Seating Request
Viva Italia, the traditional Italian restaurant located at 1629 Lena Court in
Centennial Ridge, is proposing to add an outdoor seating patio along the west
side of the existing restaurant facility. A copy of the Site Plan showing the
restaurant location is attached as Exhibit A.
Our intent is to complete the necessary improvements as soon as Council
approval has been granted so customers will be able to enjoy this new seating
option for the remainder of 2006.
Our concept sketch includes seven tables, each seating two persons (total of
fourteen seats) along the north side of the restaurant's service door, and three
tables that will also each seat two persons (total of six seats) on the south side of
the service door. We are requesting approval for a total of 20 seats, as shown in
Exhibit B.
Patio hours will be concurrent with Viva's present hours of operation: 4:00pm to
10:00pm Sunday -Thursday, and 4:00pm to 11:00pm Friday - Saturday.
Portable pole lighting will be used to illuminate the patio after dusk for safety
purposes. These lights will be used during business hours only.
The patio will be surrounded by a fence that will be secured to the concrete
surface. A gate will also be installed at the entrance. Our plan provides for a 36-
inch passage area between the fence and the tables, as well as a clear space of
60-inches to meet ADA passage and wheelchair turning space requirements.
Viva Italia also plans to install a retractable awning over the existing restaurant
window. Exhibit C shows the west elevation in diagram 2 where the awning will
be installed. The awning will include a drop valance feature for additional
protection from the late afternoon sun. The awning color will be chosen to blend
in with the brick veneer on the building. The proposed awning is shown on
Exhibit D.
The surrounding land uses and zoning near Viva Italia includes R-1 Single
Family Residential, Neighborhood Business, and Planned Development.
Impacts to these surrounding properties and land uses will be nominal. The
twenty seat addition on the patio area is a relatively low number which will keep
the noise to a minimum. The additional lighting will be minor and will only be
used during business hours. In the summer of 2005, Manley Land Development
installed a row of Black Hills Spruce north of the wrought iron fence that runs
along the property line between the residential homes and the commercial
RECEIVED APR 19 2006 1
109
5
development. This creates a natural buffer to inhibit noise and generate privacy
between the two land uses.
Adding outdoor seating at Viva Italia will have a positive impact on the subject
property, and will add an additional amenity to the Centennial Ridge commercial
area for Eagan residents and visitors to enjoy. This addition to the restaurant
would bring in clientele that may not otherwise dine at Viva Italia.
City services such as sewer, water, storm water run-off and roads should not be
adversely impacted by the addition of this outdoor seating area.
This amendment would create a benefit to the public who visit Viva Italia. The
current use of the space where the patio is planned to be located consists of a
rock-mulched planting bed with shrubbery. The shrubs will be relocated into
other planting beds on the site. The installation of a patio will provide a new use
to this established restaurant, as it will promote a relaxing dining environment for
those who prefer to be outdoors. Exhibit E provides a visual of the patio in it's
completion.
Viva Italia's intent is to implement this outdoor seating area to enhance our
customers' dining experience by providing the option to dine outdoors, which
tends to be a very popular choice during the summer months.
II 2
i~
~o
std ~ ~ ~ e a ~ ~
z W:E till
o dw ° i 46 OWN KDi
S 9~ a
JJo ~ a~~ 99 k~}, shy ~ np[@
yq°'~ b~ 3~1~~y 3
o g! y9
C >d_ iP E!t FS E S 3 8 F 6 Y i 10Y Z
z§§ yy .B-f .Pf z .t Q W
d~ I
IN,tyl a o p v~uene
I I ~ I~~ b~ 4 5[~il
I I~ ~vd Y 4 O 04 T- II O~ 8
1'd 4 O trtr~~77ttZ
s
I O i Y
l p
Ti n ~F. o I~
II a. Ai • „ I A
F ;1
m cy- I I _ \
x I i - ~h
111 w
J I I \
I I ~ d
I I ~ -Y e.w ~c 'R \
Ira ~ - - e o
a K y
L - - - - - - = - - - p'-~ - - - - - - - - - - - - - - -
(IVOa 35412 3AV3 ),NNHDP
c
Ila oz
69 '1
\ I ' \ z F i
-.0 99
yA
IF
EXHIBIT B
13
va
172.
g~64g~~ h1fli ~~334 I I e-
~z ~jj u -
.12 "i. g
O V K O OS - Y ` 4 d CC W W W
S
I
gg
s'
® ii < ii 1~~}~p4 g g d
_ - i i Y y O cc 32[ 4 p 9
II 11
I n ,
- ii z
® 11
< I
u ~ ~I
11
1
Aj - -
- ,I
I
I
,
I,
m I O-- r
lL
I
® II yI~
II II
II ~I
~-I I
II ~ it
II ~ I
II 5 -
I, pp
„
I~ II ~I
II 11 ~ II
JI, 11
- }1 „ I
II jl
~ II jl
n
II ,I
n I
® zz - II O e
d
z a
1 , W I, 4
It y Vi
O " 4~ z
? ii j
ii Vo Z ii Z ~
-14
aC ' < I I - V o
z v
J m w .
4 Z
3
<
0
w
U)
O
a.
O
CL
EXHIBIT D
IVU
Sts
WhetheF you need added living space, solar protections ow a way to reduce energy costs. Durasol €.f e,,s
beautiful, custom-nude shading systems that combine function, beauty and value for an Bore.
.
Add Living Space at the Touch of a Butt
Durasol SunShelter Elite awnings are designed to
create a natural extension to outdoor living. The Elie,
will turn your deck, patio, or terrace into attractive
and comfortable living space while adding value to
your home. Step up to a Durasol SunShelter Elite
retractable awning, our top-of-the-line system, and
expand your home beyond it's interior boundaries.
Combine the comfort of an indoor lifestyle with the
beauty of outdoor living - creating an extension of
home's personality and charm. The SunShelter Elitc
is available in the widest range of fabric patterns aru
options to complement your decor and lifestyle.
Reduced Energy Costs
Shelter your home from the sun's harmful rays and
Y1~111~~, prevent fading of carpet and furniture, while conserving
energy. Durasol retractable awnings effectively filter the
Superior Solar Protection sun's light, creating a cool and relaxed mood. By adding
EPA fndings suggest that excessive UV exposure can lead to premature aging of a Durasol SunShelter Elite to your home, solar heat gait
the skin, cataracts, skin cancer and immune system suppression. Your Durasol can be greatly reduced, by limiting the amount of direct
SunShelter Elite awning will provide you and your family with a high level of UV and indirect sunlight that enters a window or door. In fact
protection, allowing everyone to stay safely outdoors, for longer periods of time, studies conducted by the American Society of Heating ar
without concern of the harmful effects of the sun. Enjoy worry-free, outdoor Air Conditioning Engineers show the use of fabric awning
living at home, under a professionally installed Durasol retractable awning and will reduce solar heat gain by up to 77 percent and lower
experience elegant, on-demand solar protection indoor temperatures by 10-15 degrees - making your
with easy, push-button convenience. Durasol awning a wise investment with lasting value.
sunbr l a
60
t ` '14
10
ti
sv;. v A°
✓Ve oil_. .he 3arges 'vadclty of {spoons, a owir ixs _ :`,mia srsaea n s".enss o sh l' your
:it 't 1 'Dre"AdIng raliabie, co ikc),'t and r_ , tiz~._; v a s ous ?wi.l u. 9%°;.sa isot brand.
n •i a durable and attractive protective hood that is We produce shading systems one at a time, and each unit
w, l,ltr ir, our three hardware colors. The optional powder-coated to the customer's exact specifications. The SunShelter Elite
- mim hood provides a "finished" look when the awning is is available from 6' to 40' widths in 1/4" increments and
Incl, protecting the unit from the elements. projections range from 8'6" to 13'0".
- u, lsol incorporates state-of-the-art motors and electronics from SOMFY, the industry leader. These options allow you and your
1,+n,isol Dealer to design a shading system that can allow easy one-touch controls to fully automatic functions.
~a
Wireless ( Hand-held
Wall Switch ` Transmitter_
Sun/Wind Sensor t Tubular Retractable
Awning Motor
with manual override
Vaiance
I? itasol optional drop valance provides additional
ivotection from early morning and late afternoo
mr drop valance features a section of fabric th t r
-it!d up and enclosed in the front bar and can b
gulled by your choice of hand-crank, touch-of-a-bu ton
,.itu,n or fully automated. .
5"ur Durasol representative for more information w
„ 1 the choice of fabrics and awning size requireme is
u drop valance operation. Our optional drop valance provides additional protection from the sun while
maintaining your view.
,miShelter Elite is designed to allow the customer f f^ 1,t }
cct an option to "wrap" the front bar with the
~cover to minimize the visual presence of the
n, work. This option is exclusively available on the
`.helter Elite.
Our front bar is designed with 2 points of attachment of the fabric. The front
I,~•~+..~ bar wrap option is shown here.
Ii
i
av
t .2
_ I
t.
W
m
X
_ f
m _
i
r
a
co;L
N` ]d JNINHVd d0 dOOdd '8 D11S
22rr t g
~Llas EJil z'EE ' I ; 4 Q
g z O E a StS il;i' g' I iI el .i :I 6 3
~o ZOO ~i ~ ~ fis 63~l~ ~>4~~5 ~RaY ~ ! I I ~g v ; a.
o v o v I e-t'EiiElAy a E III I ! e;\ 8
X • Y R p >A Y6yEj -5 =5E ' cc ~'~i~ i jig
pp
9 ((Y- 3 k En16 i ! ! ■1(
gE~ ~°yyp _ ~ ~ .Efi~ 1! 91s 4Ee ~ ; ~ ~i ■ge~1 i?~s€t~ ~;q~ 1 lp5$ ~
gd pAg LL ggQ _ Z
W
-114------
o l o ya o o O r b~ xrl
I o 1 3 o I J°t- p a I 8q~ e
> II if Wea p
woc 1
~ I I
1 ~
J I I
~ I I
z
5-
Qd02i 3041b 3AVO kNNHOf
C
g a-
;C 314 ~
Spill. W 'X ju
ad a EI II`p5p A g➢ d5dd ~Et~ 33-i: 1 5 !
\ O < ::4 `s~ as !I'~Y
- y.
0 11ONX-
~F
Y
+ + a 1 K
} `14
}
IlrfMo + R , = p V
+I~ f r INN "g~11
TA
ak k' IL
qqq~~~
k
~ ~ ,G W~ ~ 4 hx - '
d
g r: r t r~ x
Page 1 of 2
Pam Dudziak
From: Viva Italia [info@vivatonight.com]
Sent: Wednesday, May 31, 2006 2:31 PM
To: Pam Dudziak
Subject: Viva outdoor lights
Attachments: image003.gif
Here are the lights. I was able to copy and paste one and sent the link for the other.
Vector Rechargeable Candle Lites
Rechargeable Candle Lites - Cordless Rechargeable Table Lamp
Features Include:
• Available in 3 finishes: Copper, Silver & Verde (not shown)
• Continuous use up to 6 hours on a single charge
• Beautiful and fucntional use anytime, anywhere
• Automatic charge station
• Rechargeable, non-spillable, sealed battery included
• Dimensions: 7.5W x 4D x 10.25H
And for the post light we will use the following lights.
05/31/2006 liq
Intermatic Malibu Solar Lighting - Solar Fixtures - Metal Lights - LZ310 Page 1 of 1
Cast Metal Post Light LZ310
Intermatic is pleased to introduce our largest and brightest solar light
to date. The LZ310 solar post light is constructed of cast metal with
a UV inhibited acrylic globe. With over 50 square inches of solar
panel and a high-powered 1-watt LED, it outshines all others in it
class. This fixture measures 12" wide x 15" tall and is designed to fit
on a standard 3" lamppost. The lamp is ideal for new installation or
retrofits of existing gas or 120 V post lamps. LZ310 is available in
black or white as the LZ310WH. Post sold separately.
Product Features
. Cast Metal Construction
. 1-watt White LED
. Painted Black Finish
. 2 Year Limited Warranty
. Post Sold Separately
http://www.intennatic.com/?action=prod&pid=9196 05/31/2006
Agenda Information Memo
June 6, 2006, Eagan City Council Meeting
D. CONDITIONAL USE PERMIT - SHAW INDUSTRIES
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor
storage of metal bar joists, decking materials, baggage carts, airline tow bars and baggage cart
tires not to exceed six (6') feet in height for property located at 1904 Shawnee Road on Lot 4,
Block 2, Cedar Industrial Park in the SW'/a of Section 17; subject to the conditions in the APC
minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The existing 1-story, 29,800 square foot warehouse facility at 1948 Shawnee Road was
constructed in 1980. The site is surrounded on all sides by properties zoned and guided
for industrial uses.
➢ The applicant is proposing to store metal bar joists and decking materials for Keystar
Inc., and baggage carts, airline tow bars and tires for Industrial Repair and
Manufacturing.
➢ The proposed outdoor storage is not consistent with the performance standard that
requires the storage to be screened from public rights-of-way.
➢ The Advisory Planning Commission held a public hearing on May 23, 2006 and is
recommending approval.
ISSUES:
➢ The applicant disputes the ability (due to topography) to provide additional plantings or
privacy fencing to screen the storage from public right-of-way (Highway 13), as
suggested in the staff report.
➢ As suggested at the APC meeting, Engineering staff visited the site and confirmed that
there is about 8'-10' of "flat" area behind the applicant's curb line on which they could
place a fence or landscape screening.
)g(
60 DAY AGENCY ACTION DEADLINE:
➢ June 19, 2006
ATTACHMENTS (4):
Draft Advisory Plannin Commissio inutes on page J85
Staff report on pages through,.
E-mail from applicant on age 195
Staff response to topography issue on pages through
Advisory Planning Commission Minutes
May 23, 2006
Page 7
D. Shawnee Assoc
Applicant Name: Shawnee Assoc
Location: 1904-22 Shawnee Road; Cedar Industrial Park
Application: Conditional Use Permit
A Conditional Use Permit to allow outside storage of material in transit.
File Number: 17-CU-03-04-06
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated May 10, 2006. He noted the background and history.
Vice Chair Chavez opened the public hearing.
There being no public comment, Vice Chair Chavez closed the public hearing and turned the
discussion back to the Commission.
Member Jensen inquired about the depth of the ravine and the location of the stored materials.
City Engineer John Gorder responded the ravine is approximately 8 to 10 feet deep. City
Planner Ridley indicated the location of the storage on the site map.
Member Heaney moved, Member Feller seconded a motion to recommend approval of a
Conditional Use Permit for outdoor storage on Lot 4, Block 2, Cedar Industrial Park (1904-22
Shawnee Road) subject to the following conditions:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council, and proof of recording submitted to the City.
2. All existing temporary signs shall be removed from the site and the site shall remain in
compliance with City Code requirements.
3. The applicant shall submit a Landscape Plan or revised Site Plan indicating evergreen
plantings or privacy fencing to be installed to screen the storage from public rights-of-way.
4. The outdoor storage shall not exceed 6' in height.
5. The Fire Marshal shall approve the layout of storage to ensure adequate circulation through
the storage area.
All voted in favor. Motion carried 5-0.
165
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 10, 2006 CASE: 17-CU-03-04-06
APPLICANT: Terrance G. Maurer HEARING DATE:
PROPERTY OWNER: Shawnee Associates APPLICATION DATE: April 19, 2006
REQUEST: Conditional Use Permit for PREPARED BY: Mary Granley
Outdoor Storage
LOCATION: 1904-22 Shawnee Road
Lot 4, Block 2, Cedar Industrial Park
COMPREHENSIVE PLAN: IND-Limited Industrial
ZONING: I-1-Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of
metal materials and airline equipment for Lot 4, Block 2, Cedar Industrial Park (1904-1922
Shawnee Road) in the SW 1/4 of Section 17.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11. 50, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
I ~
Planning Report-Shawnee CUP
May 10, 2006
Page 2
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
CITY CODE REQUIREMENTS
City Code Section 11.70, Subd. 22, C.2 requires the following performance standards for outdoor
storage, in addition to those standards in connection with a conditional use permit:
a. Outdoor storage items shall be placed within an enclosure as necessary to
achieve appropriate security and containment or for public safety reasons
when determined necessary by the city. In general business (GB) and
community shopping center (CSC) zoning districts, the enclosure shall be
attached to the principal building and be constructed of materials which
are aesthetically compatible with the principal building. In limited
industrial (I-1) and general industrial (I-2) zoning districts, the enclosure
may be detached from the principal building.
b. The storage area shall be located in the side or rear yards and shall not
encroach into any required front building setback area or other required
setbacks.
C. The outdoor storage area shall be screened from view from the public
right-of-way and from any adjacent property which is designated for
residential uses in the comprehensive guide plan.
Ii~)5
Planning Report-Shawnee CUP
May 10, 2006
Page 3
d. The storage area shall not interfere with any pedestrian or vehicular
movement.
C. The storage area shall not take up required parking spaces or landscaping
areas.
f. The storage area shall be surfaced with concrete or an approved equivalent
to control dust and erosion. The surface shall be properly maintained to
prevent deterioration.
BACKGROUND/HISTORY
The existing 1-story, 29,800 square foot warehouse facility on the subject site was constructed in
1980.
EXISTING CONDITIONS
Shawnee Associates owns the subject office/warehouse, multi-tenant building at 1904-22
Shawnee Road, and the adjacent building at 1948 Shawnee Road. Three tenants currently
occupy the office/warehouse space. Keystar Incorporated is one tenant within the building,
operating a steel joist and metal deck distribution business. A second tenant, Industrial Repair
and Manufacturing, is operating a business reconditioning airlines baggage carts and airline tow
bars. Tim Stegall Carpet is the third tenant within the building. Required parking is provided on
the front (north) and south side of the building. All parking areas and rear of building are paved
with a bituminous surface.
Recent inspection of the property
revealed three temporary signs posted ANO
at the entrance drive at Shawnee Road
The signs are currently in violation of
City Code and should be removed.
SURROUNDING USES
The site is surrounded on all sides by x
properties zoned and guided for
industrial uses.
EVALUATION OF REQUEST
R-ear,of Shawnee building and, view from Hwy 13 & Shawnee, Road intefsection
The applicant is proposing to store
metal bar joists and decking materials for Keystar Inc., and baggage carts, airline tow bars and
tires for Industrial Repair and Manufacturing. Storage is proposed at the rear of the building
upon the bituminous surface of the parking lot. The bar joists and decking products are held
temporarily outdoors prior to shipping. Northwest Airlines baggage carts and airplane tow bars
Op
Planning Report-Shawnee CUP
May 10, 2006
Page 4
are dropped off and held for refurbishing, then released for shipment. Pallets of new tires are
used for replacement on baggage carts. Items stored should not exceed 6' in height.
The existing temporary signs are in violation of City Code and should be removed. If the
applicant desires permanent freestanding signage on this site, he may address it at a later date
under a separate Sign Permit application.
Compatibility with Surrounding - The site is located within a limited industrial district
where outdoor storage is generally compatible with surrounding uses.
Site Plan - The proposed location of the outdoor storage is shown at the rear of the building on
the existing bituminous surface (see attached site plan). The setback of the storage is proposed at
between 15 and 30 feet from the east and south property lines. The site appears to be adequately
parked with the existing front parking areas.
City Code requires outdoor storage materials to be enclosed as necessary to achieve security and
containment or for public safety reasons when determined necessary by the City. The proposed
location of the storage will have some visual impact on existing, surrounding uses as the
applicant proposes no screening to the storage area. Mature trees provide some visual barrier to
the right-of-way and LaFonda's Restaurant.
The applicant should submit a Landscape Plan or revised Site Plan indicating evergreen plantings
or privacy fencing to be installed to screen the storage from the restaurant and public rights-of-
way.
Access/Internal Circulation - The proposed outdoor storage may impede traffic circulation at the
rear of the building and access to loading dock areas. The Fire Marshal should review and
approve the storage layout to maintain circulation and emergency access.
SUMMARY/CONCLUSION
The applicant is proposing outdoor storage of metal materials and baggage carts in the rear paved
area of the building. The proposed storage would be setback between 15-30 feet from the
property lines, but would not be screened from any adjacent uses. Screening and circulation need
to be addressed.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit for outdoor storage on Lot 4, Block 2,
Cedar Industrial Park (1904-22 Shawnee Road). If approved the following conditions shall
apply:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council, and proof of recording submitted to the City.
15
Planning Report-Shawnee CUP
May 10, 2006
Page 5
2. All existing temporary signs shall be removed from the site and the site shall remain in
compliance with City Code requirements.
3. The applicant shall submit a Landscape Plan or revised Site Plan indicating evergreen
plantings or privacy fencing to be installed to screen the storage from public rights-of-
way.
4. The outdoor storage shall not exceed 6' in height.
5. The Fire Marshal shall approve the layout of storage to ensure adequate circulation
through the storage area.
a~
e 46 v ~ ♦ t♦
~ w
s.
'a
00 to
-p B 0 + ♦ i ♦ ~
r ♦1y
'I pcsa
d ~g Q ~,~a ape oA~Y
¢ f i ~ ,per p( pyL'~(? fOe °t ° °a
r• -01, atiR o,~A e~pe eP aFo
ye~o Di3 ~ SaSeUWe,
6 QQ` ye °°~a
oQF 6~ P G~ ~e.~
~vA
ae
tea'
.
l~
'4i, ~
.t y i .
3.:-
r
is `
3~.
• ''ri
i
E'
r
.F ~ 1
~ ~ ;
'd
. f
r
I
j
. ~
~ ;is.
I / '
x
_ I I I
" w wx tort Nb•011591E 640.00
fu
a
~ I Ib
I I
I
I 2
I 1 b y
I u
\ \ \ \ \ \ \ \a
y Ir
j \ \ STMIG I-STORY CGIICREIE\ \ \
I BULDMG (OR1CE/WMiEMOlSn \ \
m
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
e
z
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
am
- - - - - - - - - - - - - -
~ I I
'~~A\A v V \VA A VA V~V-~y~ A\~A
\ \\\da\\\\\\l Ila •
- vA~V\ VA \ wsrrcic I-sroRr ca+c1E V A \ \ `
\V\\ vv A. Vw A`v -~s;~A
euLrnNC (oFr~ce/wnRO+ous[) \ \ \ \ \
Imp w!""A
I+
xart cxant • - 1' i
qq.p
z
4• o z
m o5~ R'
13 "F
® n S
T P. , n q o
o k F =
N H
SITE PLAN
o
John Oliver 8 Associates, Inc. r °°r` r wrc. .z/., .9, w,e mu,kx,1l
a ASBUILT SURVEY Bf/BC: s.Fv
EAGAN. MN sas o°asx zx.^x. .~~,eB io~~a s ,.<r~ °m a.~ii,r DRAWN BY. PKA
CEDAR INDUSTRIAL PARK x r'^^°•°' s,°I° ° °
(su)+u-PO>z (rnr7nn-seas ceroxrn ar
\ FOR m. •.`4 ~N 'sazw s..x, zoo uwc: _ rarl, ,Bros -
TCXT
SHAWNEE ASSOCIATES tlfPJZtlY+-P445 (Y kp sh:f0+v 9^Pa - LE 10 '_p] IO (011
SHAWNEE ASSOCIATES
14586 Hunters Lane
Savage, Minnesota 55378
952 226 4931
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Attention: Planning Department
Re: Shawnee Associates Conditional Use Permit
To whom it may concern,
The following is our written narrative as required by the Conditional Use Permit.
We own two office/warehouse buildings with industrial zoning at 1904-1948 Shawnee
Road, Eagan, Minnesota.
We are requesting a Conditional Use Permit for the temporary storage of materials and
trailers in transit. Trailers are brought on site for repairs and work is completed inside
the buildings, and then returned. Also, materials, including steel joist and deck, are
stored for a short time while in transit.
Our buildings were built in 1980, and to the best of our knowledge, we have never had a
complaint before. We have always tried to be a leader in our industrial area, keeping our
buildings clean and free of debris and unnecessary clutter. We have never allowed
outside storage similar to other buildings in our area.
If this is an attempt to clean up all of Cedar Industrial Park, we look forward to the effort.
We will continue to do our part!
S EE SSOCIATES, LLP
Terrance G. Maurer, Partner
RECEIVED APR 1 .9 2000
f NARRATIVE
From: Terrance [mailto:maurertl@integra.net]
Sent: Tuesday, May 23, 2006 11:59 AM
To: Mike Ridley; johnhohenstein@cityofeagan
Subject: Conditional Use Permit application #17-CU-03-04-06
To Whom It May Concern,
Re: Conditional Use Permit for 1904-22 Shawnee Road
Due to a prior committment I will not be able to attend tonights meeting concern the above
application. After reviewing the report I do have a concern about the possible screening
requirement.
Our rear parking lot area is adjacent to LaFonda's parking lot and the Temp Storage Facility. The
slopes behind our concrete curb line and down to the drainage ditch are sever(more than
45%) and would make and planting or fencing very difficult. Also, we are concerned about any
erosion that may be created by distrubing the slope in any way.
Our observations show that no building in our area, with outside storage, has screening at this
time.
We would like to continue our 25 years of cooperation with the City of Eagan.
To our knowledge, we have never had a compliant about our property. Please advise!
Thank You,
Terrance G. Maurer
Shawnee Associates
From: Mike Ridley
Sent: Thursday, June 01, 2006 12:55 PM
To: 'maurert@integra.net'
Cc: Jon Hohenstein; Mary Granley; John Gorder
Subject: RE: Conditional Use Permit application #17-CU-03-04-06
Mr. Maurer,
Your e-mail of May 23, 2oo6 was shared with the Advisory Planning Commission (APC)
that evening. The commission requested a site visit be conducted before the June 6
Council meeting to confirm the situation.
Since you did not attend the APC meeting, I wanted you to be aware of that request and
that Assistant City Engineer John Gorder subsequently visited the site and sent the e-
mail immediately below:
From: John Gorder
Sent: Friday, May 26, 2006 4:22 PM
To: Mike Ridley
Subject: RE: Conditional Use Permit application #17-CU-03-04-06
I visited the site today (5/26). There is about 8'-10' of "flat" area behind the applicant's
curb on which they could place a fence or landscape screening. The slope below the flat
area (towards Lafonda's) is pretty steep, but could also be planted. I've seen landscaping
on some pretty steep slopes like this one. Also, their parking lot is about 8'-10' above
Lafonda's, and the drainage swale between the properties is pretty small. Here's a profile
of the area looking south, with Lafonda's on the left and the applicant on the right. Out.
r
Your e-mail and John's findings will be included in the City Council's packet of
information for their consideration of your CUP request on June 6.
The City of Eagan appreciates your investment in the community and the 25 years you've
operated a successful business in Eagan.
Sincerely,
Michael J. Ridley, AICP
City Planner
City of Eagan
)94
651-675-5650
651-675-5694 Fax
mridley@cityofeagan.com
From: Terrance [mailto:maurertl@integra.net]
Sent: Tuesday, May 23, 2006 11:59 AM
To: Mike Ridley; johnhohenstein@cityofeagan
Subject: Conditional Use Permit application #17-CU-03-04-06
To Whom It May Concern,
Re: Conditional Use Permit for 1904-22 Shawnee Road
Due to a prior committment I will not be able to attend tonights meeting concern the above
application. After reviewing the report I do have a concern about the possible screening
requirement.
Our rear parking lot area is adjacent to LaFonda's parking lot and the Temp Storage Facility. The
slopes behind our concrete curb line and down to the drainage ditch are sever(more than
45%) and would make and planting or fencing very difficult. Also, we are concerned about any
erosion that may be created by distrubing the slope in any way.
Our observations show that no building in our area, with outside storage, has screening at this
time.
We would like to continue our 25 years of cooperation with the City of Eagan.
To our knowledge, we have never had a compliant about our property. Please advise!
Thank You,
Terrance G. Maurer
Shawnee Associates
! i~
Agenda Information Memo
June 1, 2006 Eagan City Council
E. PRELIMINARY SUBDIVISION (EAGANDALE CENTER INDUSTRIAL
PARK NO. 19) - LARSON PROPERTIES
ACTION TO BE CONSIDERED:
To approve (or direct Findings of Fact for Denial) a Preliminary Subdivision to create two lots
upon on 3.79 acres located at 3000 Denmark Avenue, legally described as Lot 1, Block 2,
Eagandale Center Industrial Park No. 9, in the NE '/4 of Section 10, subject to the conditions in
the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
➢ The site is located on the southwest corner of Lone Oak Road and Lexington Avenue.
➢ There is an existing hotel on the east half of the site which was built in 1998. The west
half of the site is vacant and has existing approval through the Planned Development for a
Class I restaurant.
➢ The proposed subdivision is consistent with the original development plan, and takes into
account dedication of additional right-of-way for Lone Oak Road and Lexington Avenue.
➢ With the dedication of additional right-of-way for Lone Oak Road, the parking lot for the
hotel would be set back only 5 feet, and much of the existing landscaping will be within
the newly dedicated right-of-way.
➢ The existing pylon sign will need to be relocated to meet setbacks from the new lot lines.
➢ Access is provided via Denmark Avenue and an easement for ingress/egress will need to
be provided.
➢ The Advisory Planning Commission held a public hearing on May 23, 2006, and did
recommend approval of the Preliminary Subdivision
ISSUES: None
AGENCY ACTION DEADLINE: August 17, 2006 (120 days)
ATTACHMENTS (2):
May 23, 2006 APC Minutes, pages) 91 through 1%>
Staff Report, pages through :11
3
E. Eagandale Center Industrial Park No. 19
Applicant Name: Larson Properties, LLC.
Location: 3000 Denmark Ave.; Lot 1, Block 2, Eagandale Centre Industrial Park No. 9
Application: Preliminary Subdivision
A Preliminary Subdivision of 3.51 acres to create 2 lots.
File Number: 10-PS-09-04-06
Planner Dudziak introduced this item and highlighted the information presented in the
City Staff report dated May 15, 2006. She noted the background and history.
Brian Mundstock, Sunde Engineering, representing the applicant stated support for the
proposal.
Vice Chair Chavez opened the public hearing.
There being no public comment, Vice Chair Chavez closed the public hearing and turned
the discussion back to the Commission.
Member Keeley stated the site is suitable for the proposal.
Member Feller moved, Member Keeley seconded a motion to recommend approval of a
Preliminary Subdivision to create two lots on 3.79 acres located at 3000 Denmark
Road, legally described as Lot 1, Block 2, Eagandale Center Industrial Park No. 9, in the
NE % of Section 10 subject to the following conditions:
1. The developer shall comply with these standards conditions of plat approval as
adopted by Council on February 2,1993: Al, B1, and B3, C4, D1, and E1The
property shall be platted.
2. A Final Planned Development approval and Agreement will be required prior to
development of Lot 1.
3. Should the existing landscaping along Lone Oak Road be removed in the future, the
hotel shall install some other landscape materials for screening purposes within the
remaining 5' setback area between the parking lot and public right-of-way.
4. The pylon sign shall be relocated so that the pylon sign is located on Lot 2 and
satisfies the minimum 10-foot setback prior to final subdivision approval.
5. An easement and shared sign agreement that is acceptable to the City Attorney,
shall be executed prior to final subdivision approval to ensure the opportunity for both
buildings to utilize the pylon sign once Lot 1 develops.
6. A pedestrian trail connection from the development to the sidewalk on Lone Oak
Road shall be provided.
P-1 7
7. The developer shall provide evidence of private ingress/ egress easement, in a form
acceptable to the City Attorney, between Lots 1 and 2 providing for this shared
access to Denmark Avenue prior to final subdivision approval.
8. This development shall dedicate public right-of-way along Lone Oak Road and
Lexington Avenue, as required by Dakota County.
9. This development shall dedicate restricted access to Dakota County along the entire
north and west edges of the plat adjacent to Lone Oak Road and Lexington Avenue.
All voted in favor. Motion carried 5-0.
f~
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 15, 2006 CASE: 10-PS-09-04-06
APPLICANT: Larson Properties, LLC HEARING DATE: May 23, 2006
PROPERTY OWNER: Larson Properties, LLC APPLICATION DATE: April 19, 2003
REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak
LOCATION: 3000 Denmark Avenue
COMPREHENSIVE PLAN: BP, Business Park
ZONING: PD, Planned Development
SUMMARY OF REQUEST
Larson Properties is requesting approval of a Preliminary Subdivision to create two lots on 3.79
acres located at 3000 Denmark Road, legally described as Lot 1, Block 2, Eagandale Center
Industrial Park No. 9, in the NE 1/4 of Section 10.
AUTHORITY FOR REVIEW
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
I qq
Planning Report - Larson Properties
May 23, 2006
Page 2
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for maintenance,
repayment of bonds, or similar burden.
1. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
J. That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality Management Plan and make the same available to the
public."
BACKGROUND/HISTORY
The property was platted in 1988. The property remained undeveloped until 1998, when a two-
building Planned Development was approved for the property consisting of a hotel on the
easterly portion of the site, and a restaurant on the westerly portion. The hotel was constructed in
1998; the restaurant has not been built.
A similar application to subdivide the property was submitted and approved in 2003, but the final
subdivision was never completed and the preliminary approval expired. The applicant submitted
a request in 2005 for approval to expand parking to the vacant portion of the lot. That proposal
was denied by the City.
VX)
Planning Report - Larson Properties
May 23, 2006
Page 3
EXISTING CONDITIONS
The site is open and was graded in 1998 with initial development. An 82-room three-story hotel
exists on the easterly portion of the property, the westerly portion remains vacant. Access into
the site is provided from Denmark Avenue. The site plan approved in 1998 was designed for a
future subdivision.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use Designation
North Single Family Residential T, Transitional RC, Retail Commercial
South Office/Showroom PD, Planned Development BP, Business Park
East Office/Warehouse I-1, Limited Industrial IND, Limited Industrial
West Hotel PD, Planned Development BP, Business Park
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The surrounding area contains other commercial and
industrial uses. The proposed subdivision satisfies lot requirements and is consistent with the
approved development plans for this site.
Lots - Lot 1 is proposed to be 1.58 acres in area, and Lot 2 (the hotel) is proposed to be 1.93
acres. This is consistent with the original development plan, and takes into account dedication of
additional right-of-way for Lone Oak Road and Lexington Avenue.
Landscaping - The proposed landscape plan is very similar to what was presented in 1998, and is
based on the 1998 approved development plan for a restaurant. Since no new construction is
proposed at this time, a Final Landscape Plan will be required at the time of Final Planned
Development for Lot 1.
With the dedication of additional right-of-way for Lone Oak Road, existing site landscaping will
be within the right-of-way. Relocation of the landscaping materials may not be necessary until
the County expands Lone Oak Road. However, should the County remove the existing
landscaping in the future; screening of the hotel parking lot would be eliminated. At that time, it
would be appropriate for the hotel to install some other landscape materials within the remaining
5' setback area to screen the parking lot from the public right-of-way.
Sim - In 1998, a single pylon sign was approved to serve the two buildings to be constructed
on this site. The pylon sign has been installed and currently contains signage for only one user,
Microtel. The Planned Development Agreement allows one monument sign and one pylon sign.
The site plan shows a monument sign on the northwest corner of Lot 1 to serve future
~1
Planning Report - Larson Properties
May 23, 2006
Page 4
development on that lot. The proposed subdivision would result in the pylon sign being in the
Lone Oak Road right-of-way.
Since City Code allows only one free-standing sign per lot, the pylon sign will need to be
relocated within Lot 2, and be set back 10 feet from all property lines. In addition, an easement
and shared sign agreement should be executed to ensure the opportunity for both lots to utilize
the pylon sign once Lot 1 develops.
Grading - The preliminary grading plan is acceptable. Lot 1 is open and was graded with
previous development of the area, and Lot 2 is developed.
Storm Drainage - The preliminary storm drainage plan is acceptable. Storm water drainage is
available to Lot 1 from an existing storm sewer system within Lot 2 (Microtel). This system
drains to Pond DP-3, a storm water basin in the northwest corner of Clubview Drive and
Lexington Avenue.
Wetlands/Water Quality - Water quality treatment requirements for this development have been
previously satisfied. This development is located in the LeMay Lake watershed and generates
runoff which discharges to Pond DP-3.3, a designated stormwater management basin that
contains sufficient wet pond volume to meet water quality treatment requirements for this
development.
Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main service of
sufficient size and capacity are available from pipe stubs extended into the site.
Streets/ Access/ Circulation - Public street access is available for the entire site via shared
service drive to Denmark Avenue to the west. The developer should provide evidence of private
ingress/ egress easement, in a form acceptable to the City Attorney, between Lots 1 and 2
providing for this shared access to Denmark Avenue prior to final subdivision approval.
Pedestrian access from the development to the City's trail system is available via sidewalks along
the south side of Lone Oak Road and the west side of Denmark Avenue. A pedestrian ' trail
connection from the development to the sidewalk on Lone Oak Road should be provided.
Easements/ Permits/ Right-of-Way - This development should dedicate public right-of-way
along Lone Oak Road and Lexington Avenue, as required by Dakota County.
This development should dedicate restricted access to Dakota County along the entire north and
west edges of the plat adjacent to Lone Oak Road and Lexington Avenue.
Parks and Recreation - Park and trails dedications on this property have been previously
satisfied. Trail dedication was fulfilled in 1989 with construction of a sidewalk on the property
and park dedication was paid with the building permit for the hotel in 1998.
X1_
Planning Report - Larson Properties
May 23, 2006
Page 5
Financial Obli ation - At this time, there are no pending assessments on the parcel proposed for
platting.
Based upon a study by City staff of the financial obligations collected in the past and proposed
use for the property, no additional utility or street charges will be collected at time of final
subdivision or connection to the City's utility system.
SUMMARY/CONCLUSION
In summary, Larson Properties is requesting approval of a Preliminary Subdivision to create
two lots on 3.79 acres located at 3000 Denmark Road, south of Lone Oak Road and west of
Lexington Avenue. A Planned Development was approved for this property in 1998 which
approved a hotel and a restaurant, the hotel was constructed on the easterly portion of the site in
1998, but the restaurant has not been built.
The developer requests to subdivide the property into two lots to allow for separate ownership of
the restaurant site. The 1998 development plans were designed to allow for future subdivision of
the property. Subdivision at this time entails dedication of additional right of way and restricted
access for Lone Oak Road and Lexington Avenue. A pedestrian connection to the trail on Lone
Oak Road should also be provided. Prior to final subdivision approval, the pylon sign will need
to be relocated, easements for ingress/egress and for the shared pylon sign will need to be
executed.
ACTION TO BE CONSIDERED
To recommend approval of a Preliminary Subdivision to create two lots on 3.79 acres located at
3000 Denmark Road, legally described as Lot 1, Block 2, Eagandale Center Industrial Park No.
9, in the NE 1/4 of Section 10. If approved, the following conditions should apply.
I . The developer shall comply with these standards conditions of plat approval as adopted by
Council on February 2, 1993: Al, Bl, and B3, C4, Dl, and E1The property shall be platted.
2. A Final Planned Development approval and Agreement will be required prior to development
of Lot 1.
3. Should the existing landscaping along Lone Oak Road be removed in the future, the hotel
shall install some other landscape materials for screening purposes within the remaining 5'
setback area between the parking lot and public right-of-way.
4. The pylon sign shall be relocated so that the pylon sign is located on Lot 2 and satisfies the
minimum 10-foot setback prior to final subdivision approval.
Planning Report - Larson Properties
May 23, 2006
Page 6
5. An easement and shared sign agreement that is acceptable to the City Attorney, shall be
executed prior to final subdivision approval to ensure the opportunity for both buildings to
utilize the pylon sign once Lot I develops.
6. A pedestrian trail connection from the development to the sidewalk on Lone Oak Road shall
be provided.
7. The developer shall provide evidence of private ingress/ egress easement, in a form
acceptable to the City Attorney, between Lots 1 and 2 providing for this shared access to
Denmark Avenue prior to final subdivision approval.
8. This development shall dedicate public right-of-way along Lone Oak Road and Lexington
Avenue, as required by Dakota County.
9. This development shall dedicate restricted access to Dakota County along the entire north and
west edges of the plat adjacent to Lone Oak Road and Lexington Avenue.-+
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
1. This development shall accept its additional financial obligations as
defined in the staff's report in accordance with the final plat dimensions
and the rates in effect at the time of final plat approval.
B. Easements and Rights-of-Way
1. This development shall dedicate 10-foot drainage and utility easements
centered over all lot lines and, in addition, where necessary to
accommodate existing or proposed utilities for drainage ways within the
plat. The development shall dedicate easements of sufficient width and
location as determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and
storage capacity of all required public utilities and streets located beyond
the boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary
slope easements for ultimate development of adjacent roadways as
required by the appropriate jurisdictional agency.
4. This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems, and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines, and policies prior to application for
final plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval.
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
V5
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the
appropriate project must be approved by Council action prior to final plat
approval.
E. Permits
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedications
1. This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks Commission and approved by
Council action.
G. Water Quality Dedication
1. This development shall be responsible for provided a cash dedication,
ponding, or a combination thereof in accordance with the criteria
identified in the City's Water Quality Management Plan, as recommended
by the Advisory Parks Commission and approved by Council action.
H. Other
1. All subdivision, zoning, and other ordinances affecting this development
shall be adhered to, unless specifically granted a Variance by Council
action.
Advisory Planning Commission City Council
Approved: August 25, 1987 September 15, 1987
Revised: July 10, 1990
Revised: February 2, 1993
G:Engineering/Forms/Standard Conditions of Plat Approval
20/00
Eagan Boundary
N Right-of-way
Para
Location Ma Park Area
Park Area
- Building Footprint
A~TK
/ it S
3 ~ ~ o• ~Te a oy ,
O m K
o ~ G RR. t.
t! ~ • ■
do s t. d 111111
y K Sub-ect Site • ,
® 9 ® Will V®
c~
e~ 3
OPT,
w•p' o
O
.
6~0 0
-In .111.0
1000 0 1000 2000 Feet
Development/Developer. Eagandale Center Industrial Park No. 19
Application: Preliminary Subdivision
Case No.: 10-PS-09-04-06
Map Prepared using ERSI ( 3.1. Parcel base map data provided M
by Dakota Dakota County Office ce of of G1 S and is current as at April 2005.
City of Eapn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
community Development Department not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan Larson Properties
Land Use Map Preliminary Subdivision
10-PS-09-04-06
Zoning Map
1-t
°
I-,
1.,
Location 41
1.,
PF
T
Current Zoning:
N0 °
1-7
PD if r0
Planned Development P° PD A
OD ,
I
9 1-'
1.1
1 ,
OF
1.1
I-1
M t I
PD
BI
PD Br
600 0 600 1200 Feet
Comprehensive Guide Plan er
IND IND
Land Use Map IND P
Location
IND
RC ~ IND
ND
o~N w-Iwe e°I
RC
BF
CID
Current Land Use Designation: Br 1 MD
Ffi~ RC
t f
BP 9
Business Park °l6 °
st IND
■
IND E
E} MD
all
IMD
IND
aP
OA
BA
goo 0 600 1200 Feet
sees
parcel base map Information proridedby Dakota County Land Ewey Department Deember 2003. N
Zoning information maintained byCity SOIL
City of Ea aIl W E
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this information. S
LN~NErLEV-99&6.'80rf((}
0
F u~
s ns
- ~ s A10'11'38'W 150.79
" b I 'ke a _ ~ #aE
1A
n. /~e r 4R s aP~s
~ ~ l i 4I k
H k, c
~ a U~E'LY'. gw
e l f I a- CSm off; °"Sa
M1L~ ~ I - rv ~ f~ nh i ' L,S oQi§ s3` S'g'°_
T ~
"
{ s
0 a- _ 3 DE ?E AS Y /NCTON VE v oa _ - " a ^ °
e
n~ 1
_ 5071'73°w 310.07 e i r N w i N o u s - g _q i
0 - - _ g---~
cn - (C O. ROAD NO. 43)
N i -
O
rn 4 4
en-
1 `'3 - ~=RR~~ eiiNPt€i8`, 't F,~$F°i9 $ P 8 9S ¢'88F ~ 'B :8¢ea g9:
~ <3 °p 4='i 3~m 9 s _ - 9 0~" zoz 9n 4
r'_,~ R b~ ~m 6 " ~m a eg A °aS~ ° g e'_g n
ai;se 4
€t y S n3 i~F 6 S F_1! 933 3?33333933"3333335333 33 33 333933333?
~'!7~;.y i}e! 7 ~ € ¢ 9 - 3°.8 5--¢8 ".5:55:_-- _ 55888883".3805".". 83838". ".88 ~ 9 3g g y eye ~i - -N3€u~
"?:v~~ C~~fC A ~ ~ 9 8'„ ~ _ ~~~R 3'o$+g° SS5^Z-:.:9~§yy 39i po94~9sq e~~^p. g~ne.ee 9 ~ s 9 -vS: ~S aZ `"~~8"_:'~pu
L:- P i _8 a- 4 $8. 'JRR°-aina~ E3~994x'e"°°,°,°-03~34 ~3435.~ c y e
8 Q~ € S ° a"°~` g:,.n9 €rvvsy _-y S9 %;~aBe.=n a83 = xeS q ° 4 ~ai¢ any ex°~ Sa QF,4 S9$
6 ° 4 His pv^ 4 (.S 4Sy iy4yS3 a°¢9"99'_a~~ $SSq s378 g S 3 ° o: u 9SC~$.35
€3rS[`~ 2~ yy ~ ¢3e_ ~33~ E n2. _n9" w 9a i g::S SS9 ~ 3 s d4ao -g8 S, 6 's:`~sS
N=rj 6 1 8,8" °4 9 d.aS d_ y 9 0 3 Y 1wv:
a 6e ,e_ 4s S Y 9 s_ 3 °i V R2 ~~:4
~ "S" 3 E 8 . S4R 8S 83 Y 'Bijy s;
p8 ~ N 1f p 9°i° ~ $ 8' 4`w y%y 03 $3-°3°~S
PRELIM. PLAT
x l;g~
3
\~\f4` I I Y t m ~
s /v als•
z l e 'x~~ t E kl .Qr ~
" \ 3 ! ~ M ° •°-Q °R NO•I/' `W /50.79 - ~y./ r ~
! ' ly\ y 5t: a' "'•,n'.'sF •a-- a,Z`a _ _ F i•~c \ rip,
-ef7 - , :-e! s /van ~ a ~ 4 q i
t•J ~ y-S: _.a.+---~__.sJ a~-t ~F+ q "I 35_ Ln
F4 I NA I
I:j 1> 11 H L E \>t., y \ ! a.t `#I " _ :4_6 " R
i C~ I I i o
- \ € 6 a' !!3~ I ('~j _ 063! 89
-~I • Il 14 <5~~~°
HQ3
L_
F, F~
••g F Q
E ~ ° r~ I s Rio
I I E.. a 9t W ~ \ ~ cE~" i ~F~I "s 3;8 $_:o
14,
A4:y,Q.r /..~0+`Y E[I ~/F ..e . •E.• ~F I \ E, a -xr° - _ L/• ~~J.r s°E; Cir R, 9 'n ~P% It F~~ ~/~1./~~~E~ ~ `F 3g
zg
-T-'~--r.• Yx grr1~ " ' SID' V, ( e • & q t/. t G
BI;TE AS L 1NG:rO F•« f e
e
.
y
0.n. E 9071'7J°W a"'1A0. 7 e i , u x . x o '(f xit _
Pte/ ux~.°° a a~,J ~#YF„rf At T- Ft
F q
(C O. ROAD NO. 43)
L"J ~ ~ i! eft
E".SD
pRR~~ Fi ' § ~33~Sg€"a ag:' -mF m~m~ - gR $ 8_ :'4F8F ~S~ - Ag ~e a3o 5o
x.
q.
esb - m 9` > g o~ 3
. n - 4> =g^~f ops
gi=C C ^ ~5 n` _ ao": 300555 =333 oS ep "°5550 05033 oo5O5o 0353
_ - 355 ~g a g$° o°'_ YQ s`42oogQ
Ti! _ S _ooo ___°.n S :
_o__ Y -20 m~F 3 -rFo!
S
R(iia lE A ( - m' =x _ i9gR m 8 fq ,'4 844 = ! t g4L ; ` E
a $ - Ef o v^_oa QS 9v 3.E 334'4 ~o L3Qo° '3 - n Y 3
i g:g-;9 €gg° a .ee^a~-„w '~¢sa4Q. Ls~Q^g° k° ~ } •Q,4 g,s o~ g
Ran y ~nj = ~ E~xs 3"""R. E ^ESp'-^°89ga ~i'S:•z° '3 3R ~ ~gS 3 0 -En e! ~ H .5
"1 4~ _ 32 po v'¢o,. a ";R Q _
~~t•1 V!~}lE ~ ig~• _E 4 SEi b q ! ~ b -e " 6 00
qY9 `1 - $ as r - g§ .g' ° ' 3 T e'u' r5 'g ¢ DP3~~8
Z'j
Q y~ ~N= ~ 3 30 " _
PRELIM. PLAT/EXG. COND_
1
13
Ei' &a~~~ s 3 a 's V
II
NV-1d 311S
_ a $
cc $ gg m
1 o
Ali ~I~ as 441
w
d d i e d n d e d N--Q R O LLJ
LLJ
3nN3Ad NOIDNIX3-1 g3
ZO'OOC M.fL.lL05
0.1
- -
-
~ ~ ~ ~ bbbd
_ I I l~ C
04
I ~ z
00'OCQ 8- M.YC, LLON --ill O I [x1 u
~ I _ I E:zk1 ~
4
- $ °aa fg
LLI
L I e _ 1 I
-
UM M.DC.ILON _ ~yI
00,
3nN3Ad N>: MN34 5
' „ \ $g~y n 7E
a~ IV E
i
f a,a'ai II !rl! ! I ~EY~ i
! i $a 6,i p'1 hl
a
}
rasa o
.
f u o0 0
a
1I,
{1 li2id
i g} f e n; V;¢ F t ¢ : q u a c v g. a r¢ 4 lap
:e~ % $ 11 'it Yit} i if ~a! d ~ a tl $ !Yig%SH of ~ ~Ia~'~ ~ fg¢$
' i•i i a s ~r.!!66N r~ 1.Y i i J[e do } 6}~ 4 d- S
a ~ S g ~ S o f
t7 # $ ttd ¢ $ " Y S f e_ ( eF9d $ = a g $ a$ ~ $ III ld ! r a YYL k lit
$ # }g a 4i 3 ¢p Yea % # R d ! -$}t S S s, &e 7 ill Lf I 1 t§ ; ega #r#Y
a! i P%# @ y#i ~la$'~ S ~ - ~ d 8~ SI ¢f~ ~ ~,.L f # ~ $ ~ # Yg r-~~~er YY !r Fa $ ,
o a$ t$ # a $ ff't l7_5a## a° a n i}€ # pa r glad t}F 3 '#ga[ 1f # _ °S.r#
~
§ Zia pppp~~ [r ; i f rr {d} #fe a f it ESa$~9q ¢'a a# a' ri}a ea j~` `f If Sx's% #d "iF$ 6 ` sfsi
g a 3 a i l ydr ~ !
; ~Y4~; ;lsYi gt ' #g 3i }
i § dd§g a to apg } ddg
A ° t_a § 9st $ #a i~r 9 -$Y f% r of s 3# S Yp #fs $ e a gp
l ag a 3' 1 N2.. i f as F
iy'a i [ #P i ; a$a ii._ a I` i $ 1 4sI $ 3~ Y Y S 8;
rn (i a¢` y #aai 'i:!! f g&jggq~ $r'~' % la:S 9$.F a ; iy$ 9;$~ $ t
a` a a e
~ ~ #j$ FL ~ ~ag~~# eaa~a# F# P° r$ F s gL s ! sa $1q F F i
e! _.~t} 3c•` #r ~ i. 5g ~ ~~a o~~ 1g ~r:i 3 ;il ~ e~_g ~
e tr, !e ii 3y=~$ iLa 3.} sa($.oi M#3Y r #t 9 qq } aF }yyg [MF Yp a`y• a# ° a jy
O a 5i L=e! Frl $ arq ~ aT ° Y ~7~i €f#yjgq~ F § f Y ;t 4~ Fi a ;11 gB$ ~ a~ Y~~Y ge ~ & ¢"'fig
$ ~ ! a F SSllqq § s F r F LyF 3 S. ~ ~a dp % ¢a ~s ~ $ ~e`~~. #@e it +`3
® ~f 333pa i !~i• d.(3 $$#g% {`i $;`Y aYa GiG.ags #8 3eg $drsp Ea}g, ai }i} $ Y
on
1 i3 s ag doa° F3 e f '}F ! }gif
3 $ a s }#°t•xl FF S
a& a3g gl$ i $ it
i g ,ji} S
` i#$f $FF F a'#° # # r #f#$# g' ; 3• $ $i a #R '#~sig 6s g l I
el I
m~;3 '~P;fijf go-}3€ g % glia § s Y~ s1 a ;gg!# x 3 [ f '
If it a
• E 5 fa T. L1 Y a M i 4 9
fe# if t# # #`#r a # `#d` a # ! $a ! ##i 3 #d a i it ~ I ~f 'F ft Ili
ldaa¢ g g d Y;d :a !1 ,d~. 11111p!1111 aF5!
>F B = €sf 3~ a 4 6 i a a agi r$•t=f a $F F3a YS r
°
9[#t al!f~+d#a!! 6F L~%qd##, as gY @ge $r at{j3 i$ °[f!a#'a Y$€# rl #3r!'#~a#°~!
fTa i#
iea a=r gy9'd !#3$a%;~ $4 Fla-gd Yi) ! a$ it,
a# aY} p Fps! !3 ss%_##f $ief sa Y f ~ae!$ gglf g$~ 6
sy a @, a3 s$gE S. $-a , f 7 # `d~}p 5 a t {L a a g [ # a [ 1 Faj !€e f a q[p %p$.
§ q$ t d #SF% d lia (~$6 •[f .$3 9$~a8 ¢i°# l'aj pi3a f{
T. g a ! d Fy~a col ' ! 3d 3 #ai } a-S j.a 3 7r3 r S$C 7ila
'#.?S(aglL5 s'. ~'ry #3l;g 3d ! $ $ dl'3 r
e # $I d~' E~#d S$ea 1i(1S' qdg°
#€¢f% d
$i ad dl,dg .a if
ggd$~ $#r# .a.a '}8 ! i jj , #i eY$Sg {,as 3 i dad L$y-i d 3 g#~vc Y53e f3l
155
# $ g a ' Y l 3$;d} S [ 'A# F 3$ 3S of ! # lit`~ a! } , ¢a F 1`1 it Ni a g_cg's~Y%_ $ t
S r.' a §r $ e / $
a%,}}~ e~ F r 9r} #3e e @ aS~ $PF Y s F~ ; S,-a g`F~ i
%!a`Y$i >c!S! [dE ° $afd # a ila ggtg$ ~ $ ag€$i # jp~ g $}`~a~$~ ~g $#9 ~r~•~ ~ s ~g ~ ag%ad ;a~~~~~'#e~ {$F% l
CS""J Y~ !I :}#d..~ # a# i ga i a1$ #'a $S
rr 3a. lr !a! : YF c.r~B aggtf.! a` :g-# gg ga#g r 4~ ~a CJl L~ a r!!4aa#q#i3% Fg Ri °
EV!° !r ~I•d`a@ ° # as VF L} 5 r# l e's., # 8' -ll£slFi3;e#ea $ 1y d
r~ rY $F L r 4,. s! f a r $g # ~3 Ff Y gs ; s!' # ar S 8 a F$ s$ #3&a! ###:l#aF
- #a r{ r~#l ! # ! ~$s! a!#~e p## #a`• # €~a ra,~ a to r~##gg# e ail ! _;g# gFg`r
r!M a }:a § # #g a = §t d } 9 i _ ° ale` G %aa #a# ~F #fagll;` f ac F § s°d f ! f# d$ Y !
If If Ill lit
III 6d #i ;F L d r t aelde _gg # a df 3t ; I gd dgd d~ a 4; ~pap'y# iiid 9ggtl~ de dd t dye
~}}r' `ir ~$Y,3~L # ~#a!`~ !f3"~§ ~g(g t# ~ ~3 g(' ~Si `S~`i3~#~ $ `la~ y~! I#gd~#=sf~= #g
lio lip r$ f9ig~t i}tIf q .$e ! 141F ri$ _ i 1 9 a f$$ t E $9 #i' is7~}# a lit g FF t%§$ @a° ca§a 13 #9 a
!F}~ ` ~f~ s$ 3 #`i = d .#3g g $g s$ 8 $ $ C l $ b ag i; ie & 3k 19 eFgg c_$-~ i,ar
LY pq L # Ld L5 ry g g° r r F. yy y?( q64 =ya 9 iS S 6 Sr a Y d
d$, ea }`Fr !d a$ iF $ $a! ! !i gd = s=~a fca $ag 3 r#Iyie7i~ $ a!d! af# ~rf a p
it'll
lilt 3
#i# FI;s d!$ a,d ~es sM $dj{~ Dit li### da SN
r # a ¢
a oz z g Q GRADING o ~:1
' x a q i
ra gR as g
3 3
0 C:
T 0 --1 IN.
S o~
3 Z Z a a ag
Ca r+i
7" k. y
77
i ; i iris Z., ~~R•. - ......5.. ~r
i. L !
f
, 4v 'n
~ * ~ .S F tZ Y
s 9 o- I _ J
a, a a
i / -